.• 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIFT  OF 


Accession          8.5.442 


THE 


Public  Statutes  of  Massachusetts 


RELATING   TO 


PUBLIC   INSTRUCTION, 


ANNOTATIONS  AND  EXPLANATIONS, 


INCLUDING   THE   LAWS    IN    FORCE 
DECEMBER  31,  1888. 


\  u 


vVvSlTY  I 

OP      . ; 
lL, 


BOSTON : 

WRIGHT   &   POTTER   PRINTING  CO.,    STATE   PRINTERS, 

18  POST  OFFICE  SQUARE. 

1888. 


NOTE. 

In  the  preparation  of  this  edition  of  the  Public  Statutes  relating 
to  public  instruction,  free  use  has  been  made  of  the  comments, 
annotations  and  explanations  contained  in  all  the  previous  editions, 
and  such  other  explanation  has  been  added  as  seemed  desirable 
and  useful. 


FOUNDATION  OF  OUR  PUBLIC  SCHOOLS. 


Lord  Macaulay  once  said  in  parliament:  "Illustrious  for- 
ever in  history  were  the  founders  of  the  Commonwealth  of 
Massachusetts  ;  though  their  love  of  freedom  of  conscience  was 
illimitable  and  indestructible  they  could  see  nothing  servile  or 
degrading  in  the  principle  that  the  State  should  take  upon 
itself  the  charge  of  the  education  of  the  people.  In  the  year 
1642  they  passed  their  first  legislative  enactment  on  this  subject, 
in  the  preamble  of  which  they  distinctly  pledged  themselves  to 
this  principle,  that  education  was  a  matter  of  the  deepest  possi- 
ble importance  and  the  greatest  possible  interest  to  all  nations 
and  to  all  communities,  and  that  as  such  it  was,  in  an  eminent 
degree,  deserving  of  the  peculiar  attention  of  the  State." 
[Speech  on  Government  Plan  of  Education,  April  19,  1847.] 

ORDINANCE  or  1642. 

At  a  session  of  the  General  Court  of  the  colony  of  Massa- 
chusetts Bay  in  New  Kngland  commenced  on  the  14th  of  June, 
1642,  the  court,  taking  into  consideration  the  great  neglect  in 
many  parents  and  masters  in  training  up  their  children  in  learn- 
ing, ordered  and  decreed  :  — 

That  in  every  town  the  chosen  men  appointed  for  managing  the  pru- 
dential affairs  of  the  same  shall  henceforth  stand  charged  with  the  care 
of  the  redress  of  this  evil ;  and  for  this  end  they  shall  have  power  to 
take  account  from  time  to  time  of  their  parents  and  masters,  and  of 
their  children,  concerning  their  calling  and  employment  of  their  chil- 
dren, especially  of  their  ability  to  read  and  understand  the  principles 
of  religion  and  the  capital  laws  of  the  country,  and  to  impose  fines 
upon  all  those  who  refuse  to  render  such  account  to  them  when 
required ;  and  they  shall  have  power  to  put  forth  apprentices  the* 
children  of  such  as  they  shall  find  not  to  be  able  and  fit  to  employ 
and  bring  them  up.  [Mass.  Coll.  Records,  vol.  2,  pp.  6-9.] 

85442 


4  SCHOOL  LAWS 

ORDINANCE  OF  1647. 
The  following  ordinance  was  adopted  Nov.  11,  1647  :  — 

It  being  one  chiefe  project  of  that  ould  deluder,  Satan,  to  keepe 
men  from  the  knowledge  of  the  Scriptures,  as  in  former  times  by  keep- 
ing them  in  an  unknowne  tongue,  so  in  these  latter  times  by  persuading 
from  the  use  of  tongues,  that  so  at  least  the  true  sence  and  meaning 
of  the  originall  might  be  clouded  by  false  glosses  of  saint  seeming 
deceivers,  that  learning  may  not  be  buried  in  the  grave  of  our 
fathers  in  the  Church  and  Commonwealth,  the  Lord  assisting  our 
endeavors  :  — 

It  is  therefore  ordered,  that  every  township  in  this  jurisdiction, 
after  the  Lord  hath  increased  them  to  the  number  of  50  householders, 
shall  then  forthwith  appoint  one  within  their  towne  to  teach  all  such 
children  as  shall  resort  to  him  to  write  and  reade,  whose  wages  shall  be 
paid  either  by  the  parents  or  masters  of  such  children,  or  by  the 
inhabitants  in  generall,  by  way  of  supply,  as  the  major  part  of  those 
that  order  the  prudentials  of  the  towne  shall  appoint ;  Provided,  those 
that  send  their  children  be  not  oppressed  by  paying  much  more  than 
they  can  have  them  taught  in  other  townes  ;  — 

And  it  is  further  ordered  that  where  any  towne  shall  increase  to 
the  number  of  100  families  or  householders  they  shall  set  up  a  gram- 
mar schoole,  the  Master  thereof  being  able  to  instruct  youth  so  fan* 
as  they  may  be  fited  for  the  university,  Provided,  that  if  any  towne 
neglect  the  performance  hereof  above  one  yeare,  every  such  town 
shall  pay  5s  to  the  next  schoole  till  they  shall  perform  this  order. 
[Mass,  Coll.  Records,  vol.  2,  p.  203.] 

The  act  of  1642  enjoined  upon  the  municipal  authorities  the 
duty  of  making  education  universal,  but  not  necessarily  free. 
The  act  of  1647  made  the  support  of  public  schools  compulsory, 
and  education  universal  and  free.  As  this  was  the  first  law  of 
the  kind  ever  passed  by  any  community  of  persons  or  by  any 
State,  Massachusetts  may  claim  the  honor  of  having  originated 
the  free  public  school.  At  this  time  it  was  ordered  that  every 
town  of  one  hundred  families,  in  addition  to  its  elementary 
schools,  should  establish  and  maintain  -a  grammar  school, 
which  should  fit  pupils  for  the  University  at  Cambridge.  In 
16^3  all  towns  of  five  hundred  families  were  required  to  main- 
tain two  grammar  schools  and  two  writing  schools.  These 

o  o 

were  the  principal  laws  establishing  and  regulating  the  schools 
during  the  colonial  period. 


OF   MASSACHUSETTS. 


EDUCATIONAL  PROVISIONS  OF  THE  CONSTITUTION. 

i 

In  the  Constitution  of  Massachusetts,  adopted  in  1780,  is  the 
following  :  —  • 

[CLap.  5,  sect,  2.]  | 

THE  ENCOURAGEMENT  OF  LITERATURE,  ETC. 

Wisdom,  and  knowledge,  as  well   as  virtue,  diffused  gen-   Duty  of  legis- 
erall y  among  the  body  of  the  people,  being  necessary  for  the   magistrates  in 
preservation  of  their  rights  and  liberties;  and  as  these  depend   a|!r{"J,gre For 
on  spreading  the  opportunities  and  advantages  of  education  in   further  pro- 
the  various  parts  of  the  country,  and  among  the  different  orders   public 
of  the  people,  it  shall  be  the  duty  of  legislatures  and  magis-   amendments, 
trutes,  in  all  future  periods  of  this  commonwealth,  to  cherish   ^^j^^JJ^. 
the  interests  of  literature  and  the  sciences,  and  all  seminaries   sos. 
of  them ;  especially  the  university  at  Cambridge,  public  schools   J?f 
and  grammar  schools  in  the  towns ;  to  encourage  private  socie- 
ties and  public  institutions,  rewards  and  immunities,  for  the 
promotion   of    agriculture,   arts,   sciences,   commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country ;  to  counte- 
nance and  inculcate  the  principles  of  humanity  and  general 
benevolence,  public  and  private  charity,  industry  and  frugality, 
honesty   and  punctuality   in   their  dealings ;    sincerity,   good 
humor,   and   all   social    affections,   and  generous   sentiments, 
among  the  people. 

[Amendments,  Art.  18.] 

No  PUBLIC  MONEY  TO  BE  USED  FOR  SECTARIAN  SCHOOLS. 

ART.  XVIII.     All  moneys  raised  by  taxation  in  the  towns    school 
and  cities  for  the  support  of  public  schools,  and  all  moneys   to°be  a**  "lied 
which  may  be  appropriated  by  the  state  for  the  support  of   for  sectarian 

schools. 

common  schools,  shall  be  applied  to,  and  expended  in,  no  other   12  Alien,  500, 
schools   than   those   which   are  conducted   according  to  law,   los'Mass.  94, 
under  the  order  and  superintendence  of  the  authorities  of  the   96- 
town  or  city  in  which  the  money  is  to  be  expended ;  and  such 
moneys  shall  never  be  appropriated  to  any  religious  sect  for 
the  maintenance,   exclusively,  of  its   own   school.     [Adopted 
May  23, 1855.'] 

SUBSEQUENT  ORGANIC  LEGISLATION. 

In  1789  a  general  act  was  passed  requiring  every  town  to 
maintain  one  school  for  the  term  of  six  months,  or  two  or  more 
schools  for  terms  of  time  that  shall  together  be  equivalent  to 
six  months,  in  which  shall  be  taught  orthography,  reading, 
writing,  English  grammar,  geography,  and  decent  behavior. 

At  this  time  it  was  ordered  that  the  towns  be  divided  into 
districts,  for  the  purpose  of  facilitating  the  attendance  of  the 


6  SCHOOL   LAWS 

children  upon  the  schools.  The  schools  were  still  to  be  under 
the  direct  control  of  the  towns. 

It  was  further  ordered  that  towns  of  two  hundred  families, 
instead  of  one  hundred,  as  before,  should  constitute  the  mini- 
mum number  for  supporting  a  grammar  school,  and  that 
teachers  should  have  a  certificate  of  good  moral  as  well  as 
intellectual  character.  In  1800  an  act  of  the  legislature  author- 
ized the  selectmen  of  the  towns  to  call  district  meetings  at  which 
the  legal  voters  therein  should  raise  money  for  building  school- 
houses,  and  for  supplying  them  with  all  necessary  furniture. 

In  1817  school  districts  were  made  corporations,  and  were 
empowered  to  hold  property  for  the  use  of  the  schools.  In 
1826  every  town  containing  five  hundred  families  was  required 
to  maintain  a  town  or  high  school,  which  should  differ  from  the 
old  grammar  school  by  omitting  from  its  curriculum  of  studies 
the  Latin  and  Greek  languages.  If  the  town  contained  four 
thousand  inhabitants,  it  was  required  to  maintain  a  higher  grade 
of  high  school,  in  which  the  classic  languages  were  to  be 
taught. 

The  school  law  of  1826  was  the  first  to  require  towns  to  elect 
a  town  school  committee.  By  a  law  passed  in  1827,  school 
districts  were  authorized  to  take  care  of  their  school-houses,  and 
to  contract  with  their  school  teachers. 

The  Massachusetts  School  Fund  was  established  in  1834. 

On  the  14th  of  January,  1837,  in  the  Massachusetts  House 
of  Representatives,  it  was  ordered  that  the  Committee  on  Edu- 
cation be  requested  to  consider  the  expediency  of  providing  by 
law  for  the  better  education  of  teachers  of  public  schools.  On 
the  14th  of  April  of  the  same  year,  a  bill  relating  to  common 
schools  was  taken  up,  and  the  House  resolved  itself  into  a 
committee  of  the  whole  for  the  consideration  thereof,  and  Mr. 
Winthrop  of  Boston,  from  the  Committee  on  Education,  reported 
that  the  said  bill,  with  sundry  amendments  recommended  by  the 
committee,  ought  to  pass,  and  the  bill  was  ordered  to  a  third 
reading.  The  report  was  as  follows  :  — 

"  The  Committee  on  Education,  to  whom  was  referred  so  much  of 
His  Excellency  the  Governor's  address  as  relates  to  education,  and 
to  whom  was  also  referred,  '  The  memorial  of  the  Directors  of  the 
American  Institute  of  Instruction,'  and  the  petition  of  a  convention 


OF   MASSACHUSETTS.  7 

of  delegates  from  each  of  the  towns  in  Plymouth  County,  and  who 
were  directed  by  order  of  the  House,  Jan.  14,  1837,  to  consider  the 
expediency  of  providing  by  law  for  the  better  education  of  teachers 
of  the  public  schools  of  the  Commonwealth,  have  carefully  considered 
those  subjects,  and  report  thereon  the  accompanying  bill : 

"  Be  it  enacted,  etc. 

"  His  Excellency  the  Governor,  with  the  advice  and  consent  of  the  Coun- 
cil, is  hereby  authorized  to  appoint  eight  persons,  who,  together  with  the 
Governor  and  Lieutenant-Governor,  shall  constitute  and  be  denominated 
the  Board  of  Education.1' 

One  of  the  first  acts  of  the  Board  was  the  establishment  of 
schools  for  the  special  education  of  teachers.  In  1839  two 
normal  schools  were  opened,  —  one  at  Lexington,  afterward 
removed  to  West  Newton,  thence  to  Framingham  ;  the  other  at 
Barre,  afterward  removed  to  Westfield.  In  1840  one  was 
opened  at  Bridgewater ;  in  1854,  one  at  Salem ;  and  in  1874, 
another  at  Worcester.  A  Normal  Art  School  was  established 
in  Boston  in  1873.  Teachers'  institutes  were  first  established 
in  Massachusetts  in  1846. 


SCHOOL  LAWS 


STATUTE  LAW  EELATING  TO  EDUCATION. 


PUBLIC   STATUTES.  — TITLE   X. 
OF  PUBLIC  INSTRUCTION  AND  REGULATIONS  RESPECTING  CHILDREN. 


CHAPTER  41.  — Of  the  Board  of  Education. 

CHAPTER  42.  — Of  Teachers'  Institutes  and  Associations. 

CHAPTER  43.  — Of  the  School  Funds. 

CHAPTER  44.  — Of  the  Public  Schools. 

CHAPTER  46.  — Of  School  Registers  and  Returns. 

CHAPTER  47.  —  Of  the  Attendance  of  Children  in  the  Schools. 

CHAPTER  48.  —  Of  tne  Employment  of  Children,  and  Regulations  respecting  them. 


CHAPTER  41. 
OF  THE   BOARD  OF   EDUCATION. 


SECTIOX 

1.  Board  of  education,  how  organized; 
term  of  office ;  vacancies. 

2.  may  take  grants,  devises,  etc.,  in 
trust   for    educational   purposes ;    to 
pay  all  moneys  to  treasurer.    Duty 
of  treasurer. 

3.  shall  prescribe  form  of  school  reg- 
isters,   and  of   blanks    for   returns ; 
transmit  abstracts  of  returns,  and  re- 
port, to  legislature. 

4.  may  appoint  secretary,  who  shall 
make  abstracts,  collect   and    diffuse 
information,  etc. 

5.  Secretary     shall     suggest    improve- 
ments, visit  different  places,  collect 
books,  receive  reports,  etc. 

6.  shall  give  notice  and  attend  meet- 
ings of  teachers,  etc.,  and  collect  in- 
formation, etc. 

7.  shall  send  blank  forms  and  reports 
to  clerks  of  towns  and  cities. 


SECTION 

8.  Compensation  of  secretary,  and  ex- 
penses of  office. 

9.  Board  may   appoint  agents  to  make 
inquiry,  etc. 

10.  Expenses  of  board,  how  paid. 

11.  Assistant  state  librarian  may  act  as 
clerk. 

12.  Board  to  have  management  of  nor- 
mal schools,  and  charge  of  expendi- 
tures of  appropriations. 

13.  Statistics      required     of    officers    of 
schools  and  others  respecting  pupils, 
instruction,  etc. 

14.  blanks  for,  to  be  prepared. 

15.  Institutions  for  instruction   of  deaf, 
dumb,    and  blind    to    report  to  the 
board. 

16.  With  the  approval  of  the  board,  deaf 
mutes,  etc.,  may  be  instructed  at  the 
public  expense. 

17.  Board  to  supervise  their  education, 
and  report  concerning  the  same,  etc. 


Board  of  edu- 
cation, how 
organized ; 
term  of  office; 
vacancies. 
1837,  241,  §  1. 
G.  S.  34,  §  1. 


SECTION  1.  The  board  of  education  shall  consist  of  the  gov- 
ernor and  lieutenant-governor,  and  eight  persons  appointed  by 
the  governor  with  the  advice  and  consent  of  the  council,  each 
to  hold  office  eight  years  from  the  time  of  his  appointment,  and 
one  to  retire  each  year  in  the  order  of  appointment ;  and  the 
governor,  with  the  advice  and  consent  of  the  council,  shall  till 
all  vacancies  in  the  board. 


OF   MASSACHUSETTS. 


The  following  list  of  the  members  of  the  Board,  named  in  the 
order  of  their  appointment  or  connection  with  it,  is  complete  to 
the  present  time  :  — 

Original  Members. 


.James  G.  Carter. 
Emerson  Davis. 
Edmund  Dwight. 
Horace  Maim. 


Putnam. 
Charles  Hudson. 
(lenrge  N.  Briggs. 
William  G.  Bates. 
John  W.  James'. 
Elislia  Bartlett. 
Heman  Humphrey. 
Stephen  C.  Phillips. 
Barn  as  Sears. 
Edwin  H.  Chapin. 
Henry  B.  Hooker. 
Stephen  P.  Webb. 
Thomas  Kinnicutt. 
Joseph  W.  Ingraham. 
John  A.  Bolles. 
George  B.  Emerson. 
Charles  K.  True. 
Mark  Hopkins.   — — 
Edward  Otheman. 
Isaac  Davis. 
Alexander  H.  Vinton. 
George  S.  Boutwell. 
Hen r y  Wheatland. 
Hosea  Ballou. 
Ariel  Parish. 
Cornelius  C.  Felton. 
Alonzo  H.  Quint. 
William  A.  Stearns. 
Russell  Tomlinson. 


Edward  Everett. 
Marcus  Morton. 
John  Davis. 
George  IN".  Briggs. 
George  S.  Boutwell. 
John  H.  Clifford. 
Emory  Washburn. 


Edward  A.  Newton. 
Robert  Rantoul,  Jr. 
Thomas  Robbins. 
Jared  Sparks. 

Appointed  Since. 

Erastus  O.  Haven. 

David  H.  Mason. 

John  P.  Marshall. 

Emory  Washburn. 

Abner  J.  Phipps. 

James  Freeman  Clarke.   *— 

William  Rice. 

John  D.  Philbrick. 

Samuel  T.  Seelye. 

George  T.  Wilde. 

Gardiner  G.  Hubbard.  — 

Alonzo  A.  Miner. 

Henry  Chapin. 

Constantine  C.  Esty. 

Edward  B.  Gillett. 

Phillips  Brooks.    — 

Christopher  C.  Hussey. 

Charles  B.  Rice. 

Elijah  B.  Stoddard. 

Horatio  G.  Knight. 

Miss  Abby  W.  May. 

Charles  Francis  Adams,  Jr.    _ 

Milton  B.  Whitney. 

Thomas  Wentworth  Higginson. 

Admiral  P.  Stone 

Francis  A.  Walker.     —** 

Edward  C.  Carrigan. 

Horace  E.  Scudder.     — 


Ex-Offlciis.—  Governors. 

Henry  J.  Gardner. 
Nathaniel  P.  Banks. 
John  A.  Andrew. 
Alexander  H.  Bullock. 
William  Claflin. 
William  B.  Washburn. 
William  Gaston. 


10 


SCHOOL    LAWS 


Alexander  H.  Rice. 
Thomas  Talbot. 
John  D.  Long. 

George  Hull. 
Henry  H.  Childs. 
John  Reed. 
Henry  W.  Cuslmian. 
Elisha  Huntington. 
William  C.  Plunkett. 
Simon  Brown. 
Henry  W.  Benehley. 
Eliphalet  Trask. 


Benjamin  F.  Butler. 
George  D.  Robinson. 
Oliver  Ames. 

Lieutenant-  Governors. 

John  Z.  Goodrich. 
John  Xesmith. 
Joel  Hayden. 
William  Claflin. 
Joseph  Tucker. 
Thomas  Talbot. 
Horatio  G.  Knight. 
Byron  Weston. 
Oliver  Ames. 
J.  Q.  A.  Brackett. 


Board  of  edu- 
cation may 
take  grants, 
etc.,  in  trust 
for  educa- 
tional pur- 
poses, etc. 


Duty  of  treas- 
urer. 

1850,  88. 

G.  8.  34,  §  2. 


GRANTS  FOR  EDUCATIONAL  PURPOSES. 
SECT.  2.  The  board  may  take  and  hold,  in  trust  for  the 
commonwealth,  any  grant  or  devise  of  lands,  and  any  dona- 
tion or  bequest  of  money  or  other  personal  property,  made  to 
it  for  educational  purposes ;  and  shall  forthwith  pay  over  to 
the  treasurer  of  the  commonwealth,  for  safe-keeping  and 
investment,  all  money  and  other  personal  property  so  received. 
The  treasurer  shall  from  time  to  time  invest  all  such  money  in 
the  name  of  the  commonwealth,  and  shall  pay  to  the  board,  on 
the  warrant  of  the  governor,  the  income  or  principal  thereof, 
as  it  shall  from  time  to  time  require ;  but  no  disposition  shall 
be  made  of  any  devise,  donation,  or  bequest,  inconsistent  with 
the  conditions  or  terms  thereof.  For  the  faithful  management 
of  all  property  so  received  by  the  treasurer  he  shall  be  respon- 
sible upon  his  bond  to  the  omcmonwealth,  as  for  other  funds 
received  by  him  in  his  official  capacity. 

TODD  FUND. 

The  only  trust  in  the  control  of  the  Board  under  this  section 
is  the  bequest  of  Henry  Todd,  Esq.,  late  of  Boston.  The 
amount  of  this  fund  when  it  was  established  was  $10,797.72. 
Its  present  amount  is  $12,100.00.  By  the  terms  of  the  will 
the  income  is  to  "  be  applied  in  aid  of  the  normal  schools  of 
this  Commonwealth,  the  same  to  be  subject  to  no  sectarian 
purposes  or  objects  of  a  religious  character." 

The  Board  applies  the  income  of  this  fund  to  such  specific 
objects  in  connection  with  the  normal  schools  as  are  not  pro- 
vided for  by  the  appropriations  of  the  Legislature. 

REGISTERS  AND  RETURNS. 

j^oard  ofjdu-  SECT.  3.  The  board  shall  prescribe  the  form  of  registers  to 
prescribe  be  kept  in  the  schools,  and  the  form  of  the  blanks  and  inquiries 
registers  and01  f°r  tne  returns  to  be  made  by  school  committees;  shall 


OF   MASSACHUSETTS.  11 

annually  on  or  before  the  third  Wednesday  of  January  lay  blanks  for 

before  the  general  court  an  annual  report  containing  a  printed  JsS™!*!  e§§'2 

abstract  of  said  returns,  and  a  detailed  report  of  all  the  doings  3- 

of  the  board,  with  such  observations  upon  the  condition  and  7. 

efficiency  of  the  system  of  popular  education,  and  such  sug-  1349'  209'.  *  3' 

gestions  in  regard  to  the  most  practicable  means  of  improving  G'  s*  34»  §  3- 
and  extending  it,  as  the  experience  and  reflection  of  the  board 
may  dictate. 

It  is  the  duty  of  the  Board  of  Education  to  prescribe  a  blank 
form  of  school  register  to  be  used  in  all  the  public  schools  of 
the  State.  The  registers  are  to  be  sent  to  every  town,  and 
delivered  to  the  committee  by  the  town  clerk,  one  for  each 
school  in  the  town.  The  committees  are  responsible  for  the 
registers  after  they  are  received,  and  it  is  the  duty  of  the  com- 
mittee to  cause  the  registers  to  be  faithfully  kept  in  all  the 
schools. 

The  blank  forms  of  inquiry  sent  to  the  towns  to  be  filled  out 
and  returned,  together  with  the  reports  of  the  school  commit- 
tees, furnish  the  data  from  which  the  annual  report  of  the 
Board  to  the  Legislature  is  principally  made. 

It  is  highly  important  that  these  returns  should  be  accurate, 
as  school  legislation  and  the  distribution  of  the  income  of  the 
school  fund  are  largely  based  on  them. 

The  school  registers  are  to  be  retained  by  the  school  com- 
mittees. The  filled-out  forms  of  inquiry  only  are  to  be  re- 
turned. 

SECRETARY  AND  His  DUTIES. 

SECT.  4.    The  board  may  appoint  its  own  secretary,  who,      mayap- 
under  its  direction,  shall  make  the  abstract  of  school  returns 


required  by  the  preceding  section  ;  shall  collect  information   Bha11  raake 
respecting  the  condition  and  efficiency  of  the  public  schools   1837,  241,  '§2.' 
and  other  means  of  popular  education  ;  and  shall  diffuse  as   }f}Jf'  215,'  f  i! 
widely  as  possible  throughout  the  commonwealth  information   G-  s-  34»  §  4* 
concerning  the  best  system  of  studies  and  the  best  method  of 
instruction  for  the  young,  in  order  that  the  best  education 
which  public  schools  can  be  made  to  impart  may  be  secured 
to  all  children  who  depend  upon  them  for  instruction. 

Under  this  section,  Horace  Mann,  a  member  of  the  first 
Board  of  Education,  was  chosen  its  first  secretary  and  served 
from  1837  to  1848.  His  successor  was  Barnas  Sears,  who 
served  till  1855.  George  S.  Boutwell  served  from  1855  to 
1860  ;  Joseph  White  from  1860  to  1877.  John  W.  Dickinson, 
the  present  secretary,  was  appointed  in  1877." 


12 


SCHOOL    LAWS 


improve- 


G°S  634  §  5 


shall  give 
notice  and  at- 
tend meetings 
of  teachers, 
etc. 

1838,  159, §  1. 
1842,42. 
G.  S.  34,  §  6. 


SECT.  5.  The  secretary  shall  suggest  to  the  board  and  to 
the  general  court  improvements  in  the  present  system  of  pub- 
lic schools  ;  shall  visit,  as  often  as  his  other  duties  will  permit, 
different  parts  of  the  commonwealth  for  the  purpose  of  arous- 
ing and  guiding  public  sentiment  in  relation  to  the  practical 
interests  of  education ;  shall  collect  in  his  office  such  school 
books,  apparatus,  maps,  and  charts,  as  can  be  obtained  without 
expense  to  the  commonwealth ;  shall  receive  and  arrange  in 
his  office  the  reports  and  returns  of  the  school  committees  ;  and 
shall  receive,  preserve,  or  distribute,  the  state  documents  in 
relation  to  the  public  school  system. 

SECT.  6.  He  shall,  under  the  direction  of  the  board,  give 
sufficient  notice  of  and  attend  such  meetings  of  teachers  of  pub- 
lic schools,  of  members  of  the  school  committees  of  the  several 
towns,  and  of  friends  of  education  generally  in  any  county,  as 
may  voluntarily  assemble  at  the  time  and  place  designated  by 
the  board ;  and  shall  at  such  meetings  devote  himself  to  the 
object  of  collecting  information  with  respect  to  the  condition 
of  the  public  schools  of  such  county,  the  fulfilment  of  the 
duties  of  their  office  by  members  of  the  school  committees  of 
all  the  cities  and  towns,  and  the  circumstances  of  the  several 
school  districts  in  regard  to  teachers,  pupils,  books,  "apparatus, 
and  methods  of  education,  with  a  view  to  enabling  him  to  fur- 
nish all  information  desired  for  the  report  of  the  board  required 
in  section  three. 

SECT.  7.  He  shall  send  the  blank  forms  of  inquiry,  the  school 
registers,  the  annual  report  of  the  board,  and  his  own  annual 
report,  to  the  clerks  of  the  several  cities  and  towns  as  soon  as 
may  be  after  they  are  ready  for  distribution. 

See  chap.  46,  seot.  12,  Pub.  Stat. 

SALARY  OF  SECRETARY. 

Section  8  of  chapter  41  was  ^repealed  by  chapter  227  of  the 
Acts  of  1885  and  the  following  substituted :  — 

Compensation  From  and  after  January  first,  one  thousand  eight  hundred 
and  eighty-five,  the  secretary  of  the  board  of  education  shall 

§§  2,  receive  an  annual  salary  of  three  thousand  dollars,  and  also 
four  hundred  dollars  in  full  compensation  for  travelling  ex- 

i  8.  penses,  to  be  paid  out  of  the  half  of  the  school  fund  applicable 
for  educational  expenses ;  the  incidental  and  other  necessary 
expenses  arising  in  his  office  shall  be  paid  out  of  the  treasury 
of  the  Commonwealth. 


shall  send 
forms  and  re- 
ports to  town 
clerks,  etc. 
I860,  41. 
G.  S.  34,  §  7. 


and  expenses 


1853,  49. 
G.  S.34, 
1867,  263. 
1876,  110. 
1885,  227. 


Since  the  election  of  the  first  secretary  in  1837,  a  uniform 
system  of  schools  has  been  created,  a  comprehensive  plan  of 
collecting  accurate  school  statistics  has  been  established,  six 
State  normal  schools  for  the  professional  training  of  teachers 
have  been  organized,  and  methods  of  teaching  have  been  im- 


OF   MASSACHUSETTS.  13 

proved.  In  addition  to  these  changes,  laws  have  been  passed 
requiring  the  use  of  a  uniform  method  of  selecting  and  examin- 
ing teachers,  establishing  uniform  courses  of  studies  for  the 
different  grades  of  schools,  and  a  minimum  time  of  attendance 
by  the  pupils  ;  and  there  has  been  awakened  in  the  minds 
of  the  people  a  deeper  and  more  general  interest  in  popular 
education. 

AGENTS  OF  BOARD  OF  EDUCATION. 

SECT.  9.     The  board  may   appoint  one   or  more    suitable  Board  may 

agents  to  visit  the  several  cities  and  towns  for  the  purpose  of  ag^tc 

inquiring  into  the  condition  of  the  schools,  of  conferring  with  make  iniuiry» 

teachers  and  committees,  of  lecturing  upon  subjects  connected  Res.  1850,26. 

with  education,  and  in  general  of  giving  and  receiving  infor-  Res'.  isSj  is! 

mation  upon  such  subjects,  in  the  same  manner  as  the  secretary  eMS1??'^' 
might  do  if  he  were  present. 

The  authority  conferred  by  the  ninth  section  was  first  given 
to  the  Board  of  Education  in  1850,  and  renewed  in  1851,  1853 
and  1857.  The  commissioners  and  the  Legislature  charged 
with  the  revision  of  the  General  Statutes  saw  fit  to  give  to 
these  transitory  enactments  the  form  of  permanent  law. 

The  following  named  persons  have  served  the  State  as  agents 
of  the  Board  :  — 

Nathaniel  P.  Banks,  Charles  W.  Upham,  Samuel  S.  Greene, 
Rodolphus  B.  Hubbard,  J.  T.  Burrill,  Charles  Northend, 
Horace  James,  Henry  K.  Oliver,  Daniel  Leach,  Richard  Ed- 
wards, Alpheus  Crosby,  A.  R.  Pope,  Cornelius  Walker,  B.  G. 
Northrop,  Abner  J.  Phipps,  George  A.  Walton,  Eli  A.  Hub- 
bard,  John  D.  Philbrick,  John  Kneeland,  George  H.  Martin, 
John  T.  Prince,  Andrew  W.  Edson,  Henry  T.  Bailey  and  G. 
T.  Fletcher. 

The  agents  at  the  present  time  are  Messrs.  Walton,  Martin, 
Edson,  Bailey  and  Fletcher. 

SECT.  10.    The  incidental  expenses  of  the  board,  and  the  Expenses  of 

expenses  of  the  members  thereof  incurred  in  the  discharge  of  jJJJjJ1'  how 

their  official  duties,  shall  be  paid  out  of  the  treasury.  Q38s534  s  10 

SECT.  11.     The  assistant  librarian  of  the  state  library  shall  Clerk. 

act  when  necessary  as  clerk  of  the  board.  GM^Sj  f  li. 

MANAGEMENT  OF  THE  NORMAL  SCHOOLS. 
SECT.  12.     The  general  management  of  the   several   state   Board  to  raan- 

11-11111  I       •  1  1  T  aSG»    etC'» 

normal  schools  shall  be  vested  in  the  board,  and  moneys  ap-   normal 
propriated  for  their  maintenance  may  be  expended  under  its 
direction. 


14 


SCHOOL    LAWS 


Statistics're- 
quired  of  offi- 
cers of  schools 
and  others 
respecting 
pupils,  in- 
struction, etc. 
1867,  123,  §  1. 


blanks  for, 
to  be  pre- 
pared. 

1867,  123, §  2. 
U.  S.Rev.  St., 
§516. 


Institutions 
for  instruction 
of  deaf,  dumb 
and  blind  to 
report  to  the 
board. 
1875,  118. 


"With  the  ap- 
proval of  the 
board,  deaf 
mutes  may  be 
instructed  at 
certain  insti- 
tutions at  the 
public  ex- 
pense. 

1867,  311. 

1868,  200. 

1869,  333. 
1871,  300. 

1885,  118. 

1886,  241. 

1887,  179. 

1888,  239. 


RETURNS  OF  PRIVATE  AND  OTHER  EDUCATIONAL 
INSTITUTIONS. 

SECT.  13.  The  trustees,  officers,  or  persons  in  charge  of  all 
literary,  scientific,  or  professional  institutions  of  learning,  in- 
corporated, supported,  or  aided  by  the  commonwealth ;  of  all 
reform  schools,  almshouses,  or  private  educational  institu- 
tions ;  and  all  agents,  guardians,  or  treasurers,  to  whom  appro- 
priations are  made  by  general  statute  or  special  resolve  for  the 
support  of  schools  among  Indians,  shall,  on  or  before  the  first 
day  of  June  in  each  year,  make  a  report  in  writing  to  the 
board,  at  the  office  of  the  secretary,  of  such  statistics  as  the 
board  shall  prescribe,  relating  to  the  number  of  pupils  and  in- 
structors, courses  of  study,  cost  of  tuition,  and  the  general  con- 
dition of  the  institution  or  school  under  their  charge. 

SECT.  14.  The  board  shall  prepare  blank  forms  of  inquiry 
for  such  statistics,  and  shall  send  the  same  to  every  such  insti- 
tution or  school  on  or  before  the  tenth  day  of  May  in  each 
year.  In  preparing  said  forms,  reference  shall  be  had  to  the 
requirements  of  the  bureau  of  education,  created  by  the  gen- 
eral government. 

EDUCATION  OF  THE  DEAF  AND  DUMB. 

SECT.  15.  Every  institution  for  the  instruction  of  the  deaf, 
dumb,  and  blind,  when  aided  by  a  grant  of  money  from  the 
state  treasury,  shall  annually  make  to  the  board  such  a  report 
as  is  required,  by  sections  sixteen  and  seventeen  of  chapter 
seventy-nine,  of  other  private  institutions  so  aided. 

SECT.  16.  [Section  16  of  the  Public  Statutes  is  repealed  by 
chapter  239  of  the  Acts  of  the  year  1888,  and  the  following 
substituted]  :  — 

Upon  the  request  of  the  parents  or  guardians  and  with  the 
approval  of  the  state  board  of  education,  the  governor  may 
send  such  deaf  'mutes  or  deaf  children  as  he  may  deem  fit  sub- 
jects for  education,  for  a  term  not  exceeding  ten  years  in  the 
case  of  any  pupil,  to  the  American  Asylum  at  Hartford  in  the 
state  of  Connecticut,  the  Clarke  Institution  for  Deaf  Mutes  at 
Northampton,  or  to  the  Horace  Mann  School  at  Boston,  or  to 
any  other  school  for  deaf  mutes  in  the  commonwealth,  as  the 
parents  or  guardians  may  prefer  •  and  with  the  approval  of  the 
state  board  he  may  make  at  the  expense  of  the  commonwealth 
such  provision  for  the  care  and  education  of  children,  who  are 
both  deaf  mutes  and  blind,  as  he  may  deem  expedient.  In  the 
exercise  of  the  discretionary  power  conferred  by  this  act,  no 
distinction  shall  be  made  on  account  of  the  wealth  or  poverty 
of  the  parents  or  guardians  of  such  children ;  no  such  pupil 
shall  be  withdrawn  from  such  institutions  or  schools  except 
with  the  consent  of  the  proper  authorities  thereof  or  of  the 
governor ;  and  the  sums  necessary  for  the  instruction  and  sup- 
port of  such  pupils  in  such  institutions  or  schools,  including  all 
travelling  expenses  of  such  pupils  attending  such  institutions 


OF   MASSACHUSETTS.  15 

or  schools,  whether  daily  or  otherwise,  shall  be  paid  by  the 
commonwealth:  provided,  however,  that  nothing  herein  con- 
tained shall  be  held  to  prevent  the  voluntary  payment  of  the 
whole  or  any  part  of  such  sums  by  the  parents  or  guardians  of 
such  pupils. 

SECT.  17.  The  board  shall  direct  and  supervise  the  educa-  Board  to  su- 
tion  of  all  such  pupils,  and  shall  set  forth  in  its  annual  report  JSucaSoneir 
the  number  of  pupils  so  instructed,  the  cost  of  their  instruction  and  report 

concerning 

and  support,  the  manner  in  which  the  money  appropriated  by   the  same,  etc. 
the  commonwealth  therefor  has  been  expended,  and  such  other   JfJsj  \\\'m  §  3' 
information  as  it  deems  important  to  be  laid  before  the  gen- 
eral court. 

Pupils  are  now  sent  under  the  above  sections  to  the  Horace 
Mann  School  for  the  Deaf  in  Boston,  the  Clarke  Institution  at 
Northampton  and  the  American  Asylum  at  Hartford,  Conn. 

EDUCATION  or  THE  BLIND. 

Chapter  118  of  the  Acts  of  1885  provides  that  the  Board  of 
Education  shall  have  the  same  supervision  over  the  admission 
and  instruction  of  pupils  in  the  Perkins  Institution  and  Massa- 
chusetts School  for  the  Blind  that  it  now  exercises  over  the 
instruction  of  deaf  mutes  and  deaf  children  under  sections  16 
and  17  of  chapter  41  of  the  Public  Statutes. 

EDUCATION  OF  THE  FEEBLE-MINDED. 

Section  3  of  chapter  298  of  the  Acts  of  1886  provides  that 
the  Massachusetts  School  for  the  Feeble-Minded  shall  gratui- 
tously receive,  maintain  and  educate  in  the  school  department 
such  indigent  feeble-minded  persons  from  this  Commonwealth 
as  shall  be  designated  by  the  governor  upon  the  recommenda- 
tion of  the  secretary  of  the  State  Board  of  Education  ;  and  sec- 
tion 9  of  the  same  act  provides  that  the  trustees  of  the 
Massachusetts  School  for  the  Feeble-Minded  shall  annually 
prepare  and  send  to  the  Board  of  Education  a  written  or 
printed  report  of  its  proceedings,  income  and  expenditures, 
properly  classified,  for  the  year  ending  on  the  thirtieth  day  of 
September,  stating  the  sum  appropriated  by  the  Common- 
wealth, the  sum  expended  under  said  appropriation,  the  whole 
number  and  the  average  number  of  inmates,  the  number  and 
salaries  of  officers  and  persons  employed,  and  such  other  infor- 
mation as  the  Board  may  require,  and  shall  also  once  in  three 
months  make  a  report  to  said  Board  stating  the  number  of  in- 
mates  received  and  the  number  discharged  during  the  preceding 


16  SCHOOL    LAWS 

three  months,  also  the  whole  number  then  in  the  institution  and 
the  number  of  beneficiaries  supported  by  the  Commonwealth, 
together  with  such  other  information  as  the  Board  may  require. 
Blanks  for  application  for  admission  to  these  several  institu- 
tions will  be  supplied,  on  request,  by  the  secretary  of  the  State 
Board  of  Education. 


CHAPTER  42. 


OF  TEACHERS'  INSTITUTES   AND   ASSOCIATIONS. 


SECTIOX 


1.  Board  of   education    to  arrange    for 
meeting  of  teachers'  institutes. 

2.  Expenses  of  meetings,  how  paid. 

3.  Board  to  regulate   length  of  session 
and  expense. 


SECTION  % 

4.  County  teachers'  associations  to  re- 
ceive twenty-five  dollars  for  annual 
meetings. 

5.  Massachusetts      Teachers'     Associa- 
tion to  receive  three  hundred  dollars 
annually. 


Teachers'  in-        SECTION  1.    When  the  board  of  education  is  satisfied  that 

stitutes,  meet-  .  . 

ings  of.  fifty  teachers  of  public  schools  desire  to  unite  in  forming  a 

184s',  10!      '  teachers'  institute,  it  shall,  by  a  committee  or  by  its  secretary, 

G4S  635  §  1  or  in  case  °f  his  inability  by  such  person  as  it  may  delegate, 

appoint  and  give  notice  of  a  time  and  place  for  such  meeting, 

and  make  suitable  arrangements  therefor. 

expenses  of,  SECT.  2.  To  defray  the  necessary  expenses  and  charges, 

1846, 9i»,  §§2,3.  and  to  procure  teachers  and  lecturers  for  such  institutes,  a  sum 

I8o4,  303,  §§  3,  not  excee(jing  three  thousand  dollars  may  annually  be  paid 

5es  355°§  •?'  out  °^  tnat  na^  °^  *ke  income  °f  the  school  fund  not  appor- 

1873,  292,  §  i.  tioned  for  distribution  to  cities  and  towns. 

length  of,  SECT.  3.  The  board  may  determine  the  length  of  time  dur- 

iSfl6??6?!6'  in°  wllicn  a  teacners'  institute  shall  remain  in  session,  and 

1849,'  6-2'  what  portion,  not  exceeding  three  hundred  and  fifty  dollars,  of 

jgso   216 

GkS.35,§3.     the  sum  provided  for  in  the  preceding  section,  shall  be  appro- 
priated to  meet  the  expenses  of  such  institute. 

Previous  to  the  act  of  184(5  four  institutes  were  held,  at  the 
expense  of  a  private  individual,  that  the  experiment  might  be 
tried  and  their  value  determined.  The  next  year  Teachers'  In- 
stitutes became  a  permanent  institution,  and  appropriations 
have  been  made  year  by  year  for  their  support.  They  furnish 
the  teachers  with  the  occasion  of  comparing  their  methods  of 
teaching,  of  studying  improved  methods,  of  breaking  away  for 
a  little  while  from  their  round  of  daily  duties,  of  coming  into 
companionship  and  sympathy  with  others  of  their  own  profes- 
sion, and  of  returning  home  with  higher  notions  and  better 
purposes. 


OF    MASSACHUSETTS. 


17 


Since  the  institutes  were  established  they  have  been  held  in 
two  hundred  and  twenty-eight  towns,  and  in  some  cases  several 
have  been  held  in  the  same  town,  as  will  appear  from  the  fol- 


lowing list  :  — 

Abington,  1880. 

Acton,  1861. 

Adams,  1848,  1855,  1858,  1875. 

Amherst,  1852,  1877. 

Amesbmy,  1863. 

Amlover,  1846,  1866. 

Ashlmrnham,  1855,  1880,  1888. 

Askby,  18S2. 

Ash  Held,  1882. 

Ashland,  1878. 

Athol,  1848,  1854,  1868,  1880,  1887. 

Attloborough,  1840,  '51,  '62,  73,  '84. 

Aver,  1871,  1S79,  1887. 

Banistable,  1851,   1857,   1872   (Hy- 

annis),  1849,  1856,  1878. 
Barre,  1854,  1872,  1882. 
Hccket,  1865,  1876,  1887. 
Bedford,  1857,  1880. 
Belchertown,  1868,  1875. 
Bellingham,  1884. 
Bernardston,  1858,  1872,  1882. 
Beverly,  1870. 
Billerica,  1859,  1868,  1882. 
Blackstone,  1851,  1870. 
Bhmdl'ord,  1884. 
Boston,  1X52. 
Bourne,  1884. 

Bradford,  1*77. 
Braintree,  1884. 

Brewster,  1850,  1855,  1881. 

Bridgrwater,  1845,  1855,  1863. 

Brimliekl,  1860,  1876,  1881. 

Brockton,  1886. 

Brooktield,  1857. 

( 'ambridge,  1852. 

(  haiiemont,  1847,  1870,  1879. 

( 'harlestown,  1852. 

( 'harlton,  1884 

Chatham,  18  to,  1860,  1884. 

Chelsea,  1S55. 

Cheshire,  1874,  1884. 

Chester,  1872. 

Chieopee,  1852,  1882. 

Clinton,  1866,  1876,  1881. 


Coluisset,  1874. 

Colrain,  1883. 

Concord,  1847,  1877. 

Convvay,  1853,  1864,  1883. 

Cottage  City,  1886. 

Cummington,  1862,  1873. 

Dana,  1870. 

Danvers,  1883. 

Dartmouth,  1864. 

Dedham,  1859. 

Deerfield,  1852,  1884. 

Dennis,  East,  1864. 

Dennis,  South,  1867. 

Dennis,  West,  1883. 

Dighton,  1883. 

Dudley,  1865,  1883. 

East  Bridgewater,  1884. 

Eastliampton,  1863,  1884. 

Easthara,  1879. 

Easton,  North,  1867. 

Kdgartown,  1848,  1861,  1879,  1885. 

Egremont,  1883. 

Entield,  1880. 

Everett,  1883. 

Fairhaven,  1858,  1881. 

Fall  River,  1852,  1866,  1882. 

Falmouth,  1850,  '61,  '68,  '69,  '82. 

Fitchburg,  1845,  '50,  '62,  '75,  '80. 

Foxborough,  1857,  1881. 

Fraimngham,  1850,  1857,  1882. 

Franklin,  1854,  1877. 

Gardner,  South,  1858. 

Gloucester,  1872,  1878. 

Goshen,  1886. 

Graf  ton,  1846. 

Granby,  1882. 

Granville,  1884. 

Great  Barrington,  1847,  1859. 

Greenfield,  1849,  1863. 

Groton,  1849,  1856. 

Hadley,  1850,  1864,  1884. 

Hancock,  1883. 

Hanson,  1885. 

Hardwick,  1859,  1879. 


18 


SCHOOL    LAWS 


Harvard,  1883. 

Harwich,  1846,  1877,  1886. 

Hatfield,  1865,  1873. 

Haverhill,  1853,  1858,  1869,  1884. 

Hawley,  1884. 

Hingham,  1868,  1884. 

Hinsdale,  1869. 

Holbrook,  1883. 

Holliston,  1852. 

Holyoke,  1862,  1877. 

Hopkinton,  1854. 

Hubbardston,  1849,  1860,  1881. 

Hudson,  1880. 

Ipswich,  1874,  1884,  1887. 

Kingston,  1856. 

Lancaster,  1854,  1884. 

Lanesborough,  1879,  1884. 

Lawrence,  1851.  1862,  1878. 

Lee,  1846,  1854,  1864, 1882. 

Leicester,  1863. 

Lenox,  1850, 1884. 

Leominster,  1852,  1857,  1874,  1882. 

Leverett,  1882. 

Lincoln,  1884. 

Littleton,  1855. 

Longmeadow,  1863. 

Lowell,  1852,  1867. 

Ludlow,  1879. 

Lunenburg,  1853,  1883. 

Maiden,  1853. 

Manchester,  1883. 

Mansfield,  1854,  1879. 

Marblehead,  1883. 

Marlborough,  1856,  1867,  1871. 

Marshfield,  1879. 

Maynard,  1873. 

Medfield,  1882. 

Medford,  1884. 

Medway,  1850,  1871,  1880. 

Medway,  West,  1863. 

Melrose,  1883. 

Meiidon,  1885. 

Merrimac,  1881. 

Middleborough,  1853,  1877. 

Middlefield,  1883. 

Milford,  1850,  1858,  1861. 

Millbury,  1853,  1883. 

Monson,  1850,  1870. 

Montague,  1855,  1870,  1880. 


Monterey,  1879. 

Nantucket,  1853,  1874. 

Natick,  1853,  1864,  1870,  1880. 

Needham,  1867. 

New  Bedford,  1853. 

Newburyport,  1854. 

New  Marlborough,  1866. 

New  Salem,  1846,  1873. 

Newton,  1851,  1864. 

North  Adams,  1869,  1881. 

Northampton,  1857,  1869,  1885. 

Northborough,  1851,  1860,  1884. 

Northbridge,  1881. 

North  Bridge  water,  1868. 

North  Brookfield,  1852,  1859,  1886. 

Northfield,  1871,  1881. 

Norton,  1857. 

Orange,  1866,  1875,  1886. 

Orleans,  1853,  1861,  1875. 

Otis,  1883. 

Oxford,  1853. 

Palmer,  1884. 

Pepperell,  1850,  1866,  1881. 

Peru,  1878. 

Petersham,  1851,  1876. 

Pittsfield,  1845,  '51,  '54,  '57,  '71,  '82. 

Plainfield,  1880. 

Plymouth,  1850,  1881. 

Plympton,  1884. 

Prescott,  1883. 

Princeton,  1882. 

Provincetown,  1858,  1869,  1881. 

Quincy,  1847. 

Randolph,  1854,  1865. 

Raynham,  1883. 

Reading,  1882. 

Rehoboth,  1880. 

Rochester,  1884. 

Rockland,  1881. 

Rockport,  1882. 

Roxbury,  1852,  1854. 

Royalston,  1851. 

Rutland,  1855,  1878. 

Salem,  1854,  1884. 

Salisbury,  1873,  1882, 

Sandisfield,  1874. 

Sandwich,  1849,  1871. 

Saugus,  1881. 

Scituate,  1883. 


OF    MASSACHUSETTS. 


19 


Sharon,  1883. 

Slit-mold,  is:,2,  1861,  1876,  1884. 

Shellmrne    Fulls,    1S61,    1868,    1870, 

issi,  issii. 
Sherborn.  l.ssl. 
Shrewsbury, 
Somerset.  IS.SL>. 
Southampton, 
Sonthborouo-h,  1886. 
Southbrid-v,  is;,l,  1872. 
South  Iladley,  ISI',7: 
Springfield,  1S84. 
Stoughton,  is,') I,  1866,  1879. 
Spencer,    L881,  iss.S. 
Sunderland,  is  is. 
Swampscott,  1865,  1884. 
Tannton,  l.SHJ,  1865,  1884. 
Teinpleton,  is:,;'),  1874. 
Tisbury,  18(51),  1883,  1884. 
Townsend,  1S59. 
Truro,  is:i7, 
Tyngsborough,  1886. 
Tyringham.  1881. 
I'xbridge,  1862,  1878,1882. 
Wakefield,  L872. 
Waltham,  1860. 
Ware.  ls:>l,  1856,  1864,  1873,  1884. 


Wareham,  1883. 

Way  land,  1883. 

Webster,  1859,  1884. 

Wellfleet,  1859,  1871. 

Westborough,  1858,  1877. 

West  Brookfield,  1877. 

West  Boylston,  1880. 

Westfield,  1855. 

Westford,  1863,  1886. 

WestNewbury,  1871. 

Westport,  1883. 

West  Stockbridge,  1873. 

Wey  mouth,  1861,  1878. 

Whately,  1878. 

Wilbraham,  1861,  1881. 

Williamsburg,  1856,  1881. 

Williamstown,  1862,  1872. 

Winchendon,  1856,  1867,  1878,  1885, 

1886. 

Winchester,  1881. 
Windsor,  1883. 
Woburn,  1852. 
Worcester,  1852,  1854. 
Worthington,  1882. 
Wrentham,  1852. 
Yarmouth,  1855,  1862,  1865. 


STATE  AND  COUNTY  TEACHERS'  ASSOCIATIONS. 

SECT.  4.  When  a  county  association  of  teachers  and  others 
holds  an  annual  meeting  of  not  less  than  one  day,  for  the  ex- 
press purpose  of  promoting  the  interests  of  public  schools,  it 
shall  receive  twenty-five  dollars  from  the  commonwealth  upon 
tiling  with  the  governor  a  certificate,  under  oath,  of  its  presi- 
dent and  secretary  that  a  meeting  has  been  so  held. 

SK<  T.  5.  Subject  to  the  approval  of  the  board  of  education, 
there  shall  annually  be  allowed  and  paid,  out  of  that  half  of 
the  income  of  the  school  fund  not  apportioned  for  distribution 
to  cities  and  towns,  to  the  president  or  treasurer  of  the  Massa- 
chusetts Teachers'  Association,  three  hundred  dollars,  to  be  ap- 
plied to  the  purposes  of  said  association. 


County  teach- 
ers' associa- 
tions to  re- 
ceive twenty- 
live  dollars 
for  annual 
meetings. 
1848,301. 
1864,58,  §§1,2. 
1880,  93. 
Massachusetts 
Teachers'  As- 
sociation to 
receive  three 
hundred  dol- 
lars annually. 
1846,  213. 
Res.  1880,  30. 


State  aid  to  county  associations  of  teachers  was  first  granted 
in  1S48.  There  are  now  eleven  of  these  associations,  and  the 
sum  of  three  hundred  dollars  is  annually  appropriated  for  their 
support.  Although  these  institutions  are  not  under  the  control 
of  the  State  authorities,  they  co-operate  with  the  Teachers'  In- 
stitutes in  accomplishing  the  same  objects. 


20 


SCHOOL   LAWS 


CHAPTER  43. 


OF    THE    SCHOOL    FUNDS. 


MASSACHUSETTS   SCHOOL   FUND. 


SECTION 


School  fund,  how  invested.    Income 
only  to  be  used. 

Commissioners  to  manage  same,  and 
report  to  general  court. 
Distribution  of  one-half  of  income 
among  towns,  etc.  Appropriations 
for  educational  purposes  to  be  paid 
from  other  half.  Balance  to  be  added 
to  principal. 


SECTION 

4.  Income,  at  what  time  to  be  appor- 
tioned and  paid. 

5.  Distribution    of    income    riot    to    be 
made  to  towns,  etc.,  which  do  not 
comply  with  law. 

6.  Income  received  by  towns,  etc.,  ho\v 
applied. 

TODD   NORMAL   SCHOOL   FUND. 

9.  Todd  fund,  how  applied. 


MASSACHUSETTS  SCHOOL  FUND. 


School  fund, 
how  invested. 
Income  only 
to  be  used. 

1834,  169. 


SECTION  1.  The  present  school  fund  of  the  commonwealth, 
together  with  such  additions  as  may  be  made  thereto,  shall 
constitute  a  permanent  fund,  to  be  called  the  "  Massachusetts 
it.  s.  11,  §§  13,  scriool  Fund ;  "  the  principal  of  which  shall  not  be  diminished, 
and  the  income  of  which,  including  the  interest  on  notes  and 
bonds  taken  for  sales  of  Maine  lands  and  belonging  to  said 
fund,  shall  be  appropriated  as  hereinafter  provided. 


1854,  300. 
1854,  333. 
1859,  154. 
U.  8.36,  §1. 
1866,  53. 


HISTORY  or  THE  FUND. 

The  Massachusetts  School  Fund  was  established  by  the  Leg- 
islative Acts  of  1834,  chapter  169,  providing  that  "  all  moneys 
in  the  treasury  derived  from  the  sale  of  lands  in  the  State  of 
Maine,  and  from  the  claims  of  the  State  on  the  Government  of 
the  United  States  for  military  services,  and  not  otherwise 
** appropriated,  together  with  fifty  per  centum  of  all  moneys 
thereafter  to  be  received  from  the  sale  of  lands  in  Maine,  shall 
be  appropriated  to  constitute  a  permanent  fund  for  the  aid  and 
encouragement  of  common  schools,  provided  that  said  fund 
shall  not  exceed  one  million  dollars." 

In  1854  (chapter  300)  an  important  act  was  passed,  providing 
for  the  increase  of  the  fund  by  the  transfer  ' «  of  such  a  number 
of  the  shares  held  by  the  Commonwealth  in  the  Western  Rail- 
road Corporation,  as  will,  at  the  rate  of  one  hundred  dollars  a 
share,  increase  the  principal  of  said  fund  to  the  amount  of  one 
million  five  hundred  dollars." 

Again,  by  chapter  154  of  the  Acts  of  1859,  it  was  provided  in 
section  3,  that  "  all  the  avails  of  the  moiety  of  the  sales  of  public 


OF   MASSACHfrSEfalJNIV  21 

L 

lauds  which  by  the  provisions  of  the  sevenTeSnth  chapter  of  the 
resolves  of  the  year  one  thousand  eight  hundred  and  fifty-seven 
inure  immediately  to  the  use  of  the  Commonwealth,  and  the  use 
of  which  is  not  otherwise  provided  for  in  this  act,  shall  be 
added  to  the  principal  of  the  Massachusetts  School  Fund." 
Provision  was  thus  made  for  the  indefinite  enlargement  of  the 
amount  which  the  common  schools  would  annually  receive  from 
the  treasury  of  the  State.  Had  this  legislation  been  permitted 
to  stand,  the  school  fund  would  have  been  increased  to  the  sum 
of  five  million  of  dollars,  and  thus  the  Commonwealth  would 
have  stood  foremost  in  the  Union  in  the  provisions  for  the  free 
and  impartial  education  of  her  children. 

Up  to  this  period  the  legislation  of  the  State  had  been  liberal 
and  generous  to  the  common  schools,  and  to  the  general  educa- 
tional interests  of  the  Commonwealth. 

The  first  adverse  act  was  in  1861,  when  by  the  gift  of  land  in 
the  Back  Bay  to  the  Massachusetts  Institute  of  Technology  and 
the  Boston  Society  of  Natural  History  the  sum  of  $232,790  was 
diverted  from  the  fund, — the  fund  which  had  been  solemnly 
set  apart  and  pledged  for  the  support  of  the  schools  and  for 
general  educational  purposes.  But  under  the  exigency  of  the 
case,  and  the  necessity  of  providing  means  for  the  payment  of 
the  large  sums  raised  by  the  State  for  recruiting  and  send- 
ing forward  troops,  in  1864,  chapter  313,  the  Legislature  created 
a  fund  by  the  issue  of  State  scrip,  not  exceeding  ten  million 
dollars,  to  be  called  the  Massachusetts  Bounty  Fund,  and 
created  a  sinking  fund  for  the  payment.  Towards  this  sinking 
fund  the  Legislature  appropriated  all  the  receipts  from  the  sale  of 
Back  Bay  lands,  less  the  expense  of  commissioners  and  of  filling 
and  preparing  the  lands  for  sale,  including  the  portion  now  by 
law  made  payable  to  the  Massachusetts  School  Fund  as  soon  as 
said  school  fund  shall  have  reached  the  sum  qf  $2,000,000. 
The  whole  amount  paid  under  this  statute  into  the  school  fund 
was  $456,930.06,  "  or  less  than  fifteen  per  cent,  of  the  estimated 
profits  of  the  enterprise." 

Thus  no  provision  has  been  made  for  the  increase  of  the 
school  fund  to  meet  the  natural  growth  of  the  population,  and 
the  increasing  demand  which  must  of  necessity  be  made  for  the 
support  of  our  educational  institutions.  And  Massachusetts 
must,  in  some  way,  increase  her  school  fund,  if  she  desires  to 


22  SCHOOL   LAWS 

keep  pace  with  her  sister  States  in  the  higher  education  demanded 
by  the  spirit  of  the  times,  and  the  progress  of  the  age. 

The  method  of  distribution  of  the  income  of  this  fund  was 
first  provided  for  by  the  Legislature  of  1835,  which  method  was 
amended  by  the  Legislature  of  1839,  and  subsequently,  in  the 
years  1840,  1841,  1849,  1854,  1866,  1874  and  1884. 

Under  the  fourth  section  of  this  chapter  the  money  distrib- 
uted by  the  State  is  held  by  the  treasurers  of  the  respective 
towns  subject  to  the  order  of  the  school  committee  of  each 
town.  Three-fourths  of  the  income  must  be  applied  by  the 
committees  to  the  support  of  schools,  and  the  whole  may  be. 
The  income  received  from  the  State  is  not  subject  to  a  vote  of 
the  town,  nor  is  it  necessarily  divided  in  the  same  manner  as 
money  raised  by  local  taxation.  Under  this  section  it  becomes 
the  duty  of  each  town  treasurer  to  open  an  account  with  the 
school  committee,  and  to  hold  the  funds  received  from  the  State 
subject  to  their  order. 

The  establishment  of  the  school  fund  in  connection  with  the 
organization  of  the  Board  of  Education  has  wrought  a  refor- 
mation in  the  character  of  the  public  schools.  Although  it  was 
not  the  purpose  of  the  Legislature  in  establishing  the  fund  to 
relieve  the  towns  from  the  support  of  their  schools,  it  was  the 
purpose  to  furnish  aid  and  encouragement.  By  furnishing  this 
material  aid  the  State  established  a  necessary  relation  between 
its  own  control  and  the  control  of  the  towns  over  the  manage- 
ment of  the  public  schools. 

With  the  fund  it  is  possible  to  obtain  accurate  and  full  re- 
turns, and  to  communicate  to  the  Legislature  and  to  the  people 
all  the  material  facts  relating  to  the  condition  of  the  public 
schools.  It  enables  the  authorities  to  execute  the  school  laws, 
and  to  establish  a  uniform  system  of  schools  throughout  the 
Commonwealth.  It  greatly  aids  the  towns  in  supporting  such 
schools  as  the  statute  requires  the  towns  to  maintain. 

COMMISSIONERS  OF  THE  FUND. 
Commission-         SECT.  2.     The  secretary  of  the  board  of  education  and  the 

crs  to  i~niiuu£T6 

same,  and  re-  treasurer  shall  be  commissioners,  whose  duty  it  shall  be  to 
oral  cmm?  invest  and  manage  the  fund,  and  report  annually  to  the  ^viieral 
1866,53.  court  the  condition  and  income  thereof.  All  new  investments 

of  the  fund,  or  of  .any  part  of  the  same,  shall  be  made  with  the 

approval  of  the  governor  and  council. 


UN; 


OF    MASSACHUSETTS.  23 


DISTRIBUTION  OF  THE  INCOME  OF  THE  FUND. 

Section  o   was  repealed  by  chapter  22  of  the  Acts  of  1884 
and  the  following  substituted:  — 

One-half  of  the  annual  income  of  the  school   fund  of  the 
Commonwealth  shall  be  apportioned  and  distributed  without  a 
specific  appropriation  for  the  support  of  public  schools,  and  in 
tin-  manner  following,  to  wit  :  —  Kvery  town  complying  with    ^^"^"f 
all  laws  in  force  relating  to  the  distribution  of  said  income,  and   income  among 
whose  valuation  of  real  and  personal  estate,  as  shown  by  the 
last  returns  thereof,  does  not  exceed  one-half  million  dollars, 


shall  annually  receive  three  hundred  dollars;  every  such  town   poses  paid 
whose  valuation  is  more  than  one-half  million  dollars,  and  does   half.  Balance 


not  exceed  one  million  dollars  shall  receive  two  hundred  dol- 

lars  ;  every  such  town  whose  valuation  is  more  than  one  million    \S74'  348)  §§  1( 

and  does  not  exceed  three  million  dollars  shall  receive  one    1884,22. 

hundred  and  fifty  dollars.     The  remainder  of  said  half  shall  be 

distributed  to  all  the  cities  and  towns  whose  valuation  does  not 

exceed  teli  million  dollars,  in  proportion  to  the  number  of  per- 

sons between  live  and  fifteen  years  of  age  belonging  to  each. 

All  money  appropriated  for  other  educational  purposes,  unless 

otherwise  specially  provided,  shall  be  paid  from  the  other  half 

of   said   income.     If  the   income  in   any  year   exceeds   such 

appropriations,  the  surplus  shall  be  added  to  the  principal  of 

said  fund. 

SKCT.  4.     The  income  of  said  fund,  appropriated  to  the  sup-   income,  at 
port  of  public^  schools,  which  lias  accrued  on  the  thirty-first  day   b^apjor-6  *° 
of  December  in  each  year,  shall  be  apportioned  by  the  secre-   tio.nedan<i 
tary  and   treasurer  in  the  manner  provided  in  the  preceding   o.  8.36,  §3. 
section,  and  paid  over  by  the  treasurer  to  the  treasurers  of  the 
several   cities  and  towns  on  the  twenty-fifth  day  of  January 
thereafter. 

SKCT.  ;">.     No  such  apportionment  and  distribution  shall  be   Distribution 
made  to  a  city  or  town  which  has  not  maintained  a  school  as   to  be'inacieTo 
required  by  section  one  of  chapter  forty-four  ;  or  which,  if  con- 


taining  the  number  of  families  or  householders  required  by   comply  with 
M-ction   two   of  said  chapter,  has  not  maintained,  for  at  least   ISM,  142,  §  1. 
thirty-six  weeks  during  the  year,  exclusive  of  vacations,  a  high    J^'  234'  |il 
school  such  as  is  mentioned  therein  ;  or  which  has  not  made  the 
returns  required  by  sections  six  and  eight  of  chapter  forty-six, 
and  complied  with  the  laws  relating  to  truancy;  or  which  has 
not  raised  by  taxation  for  the  wages  and  board  of  teachers, 
fuel  for  the  schools,  and  care  of  fires  and  school-rooms  during 
'iool  year  embraced  in  the  last  annual  returns,  a  sum  not 
less  than  three  dollars  for  each  person  between  the  ages  of  five 
and   fifteen  years  belonging  to  such  city  or  town  on  the  first 
day  of  May  of  said  school  year. 


24 


SCHOOL   LAWS 


Income  re- 
ceived  by 
towns,  etc., 
how  applied. 


GK 


§4. 


Todd  fund, 
how  applied. 
G.  8.3(5,  §7. 
1862,  83,  §  1. 


How  THE  INCOME  SHALL  BE  APPLIED. 
SECT.  6.  The  income  of  said  fund  received  by  the  several 
cities  and  towns  shall  be  applied  by  the  school  committees 
thereof  to  the  support  of  the  public  schools  therein ;  but  said 
committees  may,  if  they  see  fit,  appropriate  therefrom  any 
sum,  not  exceeding  twenty-five  per  cent,  of  the  same,  to  the 
purchase  of  books  of  reference,  maps,  and  apparatus  for  the 
use  of  said  schools. 

TODD  NORMAL  SCHOOL  FUND. 

SECT.  9.  The  income  of  the  Todd  fund  shall  be  paid  to  the 
treasurer  of  the  board  of  education,  to  be  applied  by  said  board 
to  specific  objects,  in  connection  with  the  normal  schools,  not 
provided  for  by  legislative  appropriation. 


See  chap.  41,  sect.  2. 


CHAPTER  44. 


OF   THE    PUBI. 


PUBLIC    SCHOOLS. 


SECTION 
1. 


Each  town  to  have  school  six  months 
in  a  year.    Branches  to  he  taught. 

2.  High   school  in  towns  of   five  hun- 
dred    families.      Branches      taught. 
Duration  of  school.     Towns  ^  of  four 
thousand  inhabitants. 

3.  High     school    districts    in    adjacent 
towns,  how  established. 

4.  Committee,  how  chosen.    Powers. 

5.  to    determine    location    of    school- 
house. 

6.  Expenses  apportioned. 

7.  Industrial  and  mechanical  drawing  to 

be  taught  free  to  persons  over  fifteen, 
etc. 

8.  Industrial  schools ;  expense  of  same ; 
no  scholar  to  be  compelled  to  study 
a  trade,  unless,  etc. 

9.  Nautical  schools. 

10.  Union  schools  may  be  established  by 
two  or  more  towns. 

11.  how  located,  managed,  supported, 
etc. 

12.  Schools  for  those  over  twelve  years 
of  age. 

13.  under    superintendence    of    school 
committee. 

14.  Female  assistants. 

15.  Dury  of  instructors  in  colleges,  etc. 

16.  of  ministers  and  town  officers. 

17.  Towns  to  raise  money  for  schools. 

18.  Funds  of  corporations    for    support- 
ing schools  not  affected,  etc. 


1C   SCHOOLS. 
SECTION 

19.  Forfeiture  for  neglect  to  raise  money, 
etc. 

20.  three-fourths  of,  to  be  appropriated 
to  schools. 

21.  School      committee,      how      chosen. 
Number;    term   of  service.     Women 
eligible. 

22.  Vacancies,  how  filled. 

23.  When  whole  committee  decline,  new 
committee  how  elected. 

24.  Term    of    service    of    person   filling 
vacancy. 

25.  On    election    of  new    board,   certain 
duties  of  old  to  continue 

26.  Committee,  how  increased  or  dimin- 
ished. 

27.  records  of;  secretary. 

28.  to  contract    with  teachers,   unless, 
etc. 

29.  Instructor  to  receive  and  file  certifi- 
cate.   When  and  how  paid. 

30.  may  be   dismissed.    Compensation 
to  cease. 

31.  Examinations    and   visits  by  school 
committee ;  purpose  of  visits. 

32    Bible  to  be  read  in  schools ;  sectarian 
books  excluded. 

33.  School    committee    to     direct    what 
books  shall  be    used,    and  prescribe 
course  of  studies. 

34.  may   change   books    by   two-thirds 
vote  of  whole  committee. 

35.  When  change  is  made,  new  books  to 
be  furnished  at  expense  of  town,  etc. 


OF   MASSACHUSETTS. 


25 


SECTIOX 

36.  Committee  to  procure   books,    appa- 
ratus, etc. 

37.  for  certain  scholars  at  expense   of 
town. 

38.  Expense  of  books  so  supplied  to  be 
taxed  to  parents  etc. 

39.  If  parents  unable  to  pay,  tax  may  be 
omitted. 

40.  Text-books    and   stationery    may   be 
furnished   to    pupils    by   towns,  etc., 
by  vote. 

41.  Duty  of  committee  where  school  is 
for  benefit  of  whole  town. 

42.  Compensation  of  committee. 

SUPERINTENDENT   OF    PTULIC    SCHOOLS. 

43.  Superintendent    of    schools,   appoint- 
ment, duties,  etc. 


SECTION 

44.  Towns  may  form  a  district  for  em- 
ployment of  superintendent. 

45.  Mamur  of  appointment,  salary,  etc. 

SCHOOL-HOUSES. 

46.  Towns    not    districted    to    maintain 
school-houses,  etc.     Penalty  for  neg- 
lect. 

47.  Location  of  school  houses. 

48.  Land  may  be  taken  for  school-house 
lots ;  damages,  etc. 

49.  Owner  of  land  may  have  jury.     Pro- 
ceedings.   Damages  and  costs. 

50.  Committee  of  town  not  districted  to 
have  charge  of  school-houses. 

51.  Provisions    of    chapter    to    apply  to 
cities,  except,  etc. 


PUBLIC  SCHOOLS. 
1.     In  every  town  there  shall  be  kept,  for  at  least  Each  town  to 

„         .  ,    ,  have  school 

six  months  in  each  year,  at  the  expense  ot   said  town,  by  a   six  months  in 
readier  or  teachers  of  competent  ability  and  good  morals,  a    Branches 
sullieient   number  of  schools   for  the  instruction  of  all  the   **"§h*- 

(jr.  S.  08,  3  1. 

children  who  may  legally  attend  public   school   therein,  in   186-2,7. 
orthography,  reading,  \vriting,  English  grammar,  geography,   ISTG' 3,§'i. 
arithmetic,  drawing,  the  history  of  the  United  States,  and  good   10  Met<  508> 
behavior.     Algebra,  vocal  music,  agriculture,  sewing,  physi- 
ology, and  hygiene  shall  be  taught,  by  lectures  or  otherwise, 
in  all  the  public  schools  in  which  the  school  committee  deem 
it  expedient. 

PURCHASE  AND  USE  or  HAND-TOOLS. 

This  section  is  amended  by  chapter  69  of  the  Acts  of  1884 
by  striking  out  the  words  "and  hygiene,"  and  inserting 
instead  the  words  "  hygiene  and  the  elementary  use  of  hand- 
tools,"  and  in  any  city  or  town  where  such  tools  shall  be 
introduced,  they  shall  be  purchased  by  the  school  committee 
at  the  expense  of  such  city  or  town,  and  loaned  to  such 
pupils  as  may  be  allowed  to  use  them  free  of  charge,  subject 
to  such  rules  and  regulations  as  to  care  and  custody  as  the 
school  committee  may  prescribe. 

PHYSIOLOGY  AND  HYGIENE. 

Chapter  332  of  the  Acts  of  1S85  provides  that  "physiology 
and  hygiene,  which,  in  both  divisions  of  the  subject,  shall 
include  special  instruction  as  to  the  effects  of  alcoholic  drinks, 
stimulants  and  narcotics  on  the  human  system,  shall  be  taught 
as  a  regular  branch  of  study  to  all  pupils  in  all  schools  sup- 


26  SCHOOL   LAWS 

ported  wholly  or  in  part  by  public  money,  except  special 
schools  maintained  solely  for  instruction  in  particular  branches, 
such  as  drawing,  mechanics,  art,  and  like  studies.  All  acts  or 
parts  of  acts  relating  to  the  qualifications  of  teachers  in  the 
public  schools  shall  apply  to  the  branch  of  study  prescribed  in 
this  act,  and  all  penalties  now  fixed  for  neglect  to  provide 
instruction  in  the  branches  of  study  now  prescribed  by  law 
shall  apply  to  this  branch  of  study." 

By  the  term  "  regular  branch,"  is  meant  one  that  is  included 
in  the  list  of  those  required  by  law  to  be  taught. 

Formerly  physiology  and  hygiene  were  optional  studies.  By 
the  act  of  1885  they  were  introduced  among  the  required 
branches. 

"All  pupils  in  all  schools,"  are  all  pupils  in  the  primary,  in- 
termediate, grammar  and  high  schools  of  our  system.  The  law 
requires  physiology  and  hygiene  to  be  taught  to  all  pupils  in  all 
schools  with  special  reference  to  the  effects  of  alcohol  on  the 
human  system.  This  branch  of  learning  is  to  be  treated  by 
school  authorities  as  are  all  other  compulsory  topics  of  study. 

HIGH  SCHOOLS. 

in^^wne  of18         SECT.  2.     Every  town  may,  and  every  town  containing  five 
live  hundred     hundred  families  or  householders,  according  to  the  latest  public 
Branches          census  taken  by  the  authority  either  of  the  commonwealth  or  of 
GU|h38  §  2      tne  United  States,  shall,  besides  the  schools  prescribed  in  the  pre- 
1868,  226.          ceding  section,  maintain  a  high  school  to  be  kept  by  a  master 
of  competent  ability  and  good  morals,  who,  in  addition  to  the 
branches  of  learning  before  mentioned,  shall  give  instruction 
in  general  history,  book-keeping,  surveying,  geometry,  natural 
philosophy,   chemistry,  botany,  the  civil   polity  of  this  com- 
monwealth and  of  the  United  States,  and  the  Latin  language. 
Such  m'£h  soh°o1  sha11  be  kePt  for  tlie  benefit  of  all  the  inhabi- 


Towusof  four   tants  of  the  town,  ten  months  at  least,  exclusive  of  vacations, 
habitants.         m  each  year,  and  at  such  convenient  place  or  alternately  at 


.1'     suc^  places  m  tne  town  as  the  legal   voters  at  their  annual 
11  Cush.  ns.     meeting  determine.     And  in  every  town  containing1  four  thou- 

98  Mass.  589. 

sand  inhabitants,  the  teacher  or  teachers  of  the  schools  required 
by  this  section  shall,  in  addition  to  the  branches  of  instruction 
before  required,  be  competent  to  give  instruction  in  the  Greek 
and  French  languages,  astronomy,  geology,  rhetoric,  logic, 
intellectual  and  moral  science,  and  political  economy. 

The  "Master"  may  be  either  male  or  female.  The  term 
"  may  "  applies  to  both  grades  of  high  schools.  The  law  estab- 
lishing the  two  grades  named  in  this  section  was  passed  in 


OF   MASSACHUSETTS.  27 

182(1.  Forty-four  towns  that  have  less  than  500  families  each, 
are  maintaining  high  schools  ;  154  cities  and  towns  are  required 
to  maintain  high  schools,  87  of  the  higher  and  67  of  the  lower 
grade  ;  198  cities  and  towns  are  maintaining  high  schools. 

By  the  last  census  the  population  of  the  State  is  1,943,067  ; 
the  population  of  the  towns  supporting  high  schools  is  1,851,- 
937,  or  95^0  per  cent,  of  the  whole  population. 

EVENING  SCHOOLS. 

Chapter  174  of  the  Acts  of  1883  provides  :  — 

1.  Every  town  and  city  having  ten  thousand  or  more  inhabitants  shall 
establish  and  maintain,  in  addition  to  the  schools  required  by  law  to  be 
maintained  therein,  evening  schools  for  the-  instruction   of  persons   over 
twelve  years  of  age  in  orthography,  reading,  writing,  geography,  arithme- 
tic, drawing,  the  history  of  the  United  States,  and  good  behavior.     Such 
other  branches  of  learning  may  be  taught  in  such  schools  as  the  school 
committee  of  the  town  shall  deem  expedient. 

2.  The  school  committee  of  such  towns  shall  have  the  same  superin- 
tendence over  such  evening  schools  as  they  have  over  other  schools,  and 
may  determine  the  term  or  terms  of  time  in  each  year,  and  the  hours  of  the 
evening  during  which  such  schools  shall  be  kept,  and  may  make  such  regu- 
lations as  to  attendance;  at  such  schools  as  they  may  deem  expedient. 

:>.  Nothing  contained  in  this  act  shall  exempt  any  person  from  the 
requirements  of  section  one  of  chapter  forty-seven  of  the  Public  Statutes. 

ILLITERATE  MINORS. 

Chapter  433  of  the  Acts  of  1887  requires  that :  - 

1.  Every  owner,   superintendent  or  overseer  of    any  manufacturing, 

mechanical  or  mercantile  establishment  who  employs,  or  permits  to  be 
employed  therein,  a  minor  under  fourteen  years  of  age  who  cannot  read  and 
write  in  the  Knglish  language,  except  during  the  vacation  of  the  public 
schools  in  the  city  or  town  where  such  minor  lives,  and  every  parent  or 
guardian  who  permits  such  employment,  shall,  for  every  such  offence, 
forfeit  not  less  than  twenty  nor  more  than  fifty  dollars,  for  the  use  of  the 
public  schools  of  such  city  or  town. 

2.  Every  person  who  regularly  employs,  or  permits  to  be  employed,  a 
minor  fourteen   years  of  age,  or  over,  who  cannot  read  and  write  in  the 
English  language,  providing  such  minor  has  been,  since  reaching  the  age  of 
fourteen,  for  one  year  continuously  a  resident  of  a  city  or  town  in  this 
Commonwealth  wherein  public  evening  schools  are  maintained,  and  is  not 
a  regular  attendant  of  a  day  or   evening   school,   shall,  for   every  such 
offence,  forfeit  not  less  than  fifty  nor  more  than  one  hundred  dollars,  for 
the  use  of  the  evening  schools  of  such  city  or  town. 

3.  Whenever  it  appears  that  the  labor  of  any  minor  who  would  be 
debarred  from  employment  under  section  two  of  this  act,  is  necessary  for 
the  support  of  the  family  to  which  said  minor  belongs,  or  for  his  own 


28  SCHOOL   LAWS 

support,  the  school  committee  of  said  city  or  town  may,  in  the  exercise  of 
their  discretion,  issue  a  permit  authorizing  the  employment  of  such  minor 
within  such  time  or  times  as  they  may  fix,  and  the  provisions  of  said  suc- 
tion two  shall  not  apply  to  such  minor  so  long  as  said  permit  is  in  force. 

4.  Two  weeks  next  before  the  opening  of  each  term  of  the  evening 
schools,  the  school  committee  shall,  by  posters  posted  in  three  or  more 
public  places  of  said  city  or  town,  give  notice  of  the  location  of  said 
schools,  the  date  of  the  commencement  of  the  term,  the  evenings  of  the 
week  during  which  said  schools  shall  be  kept,  the  provisions  of  section  two 
of  this  act  as  to  forfeiture  for  non-compliance  with  said  section,  and  such 
regulations  as  to  attendance  as  they  shall  deem  proper. 

EVENING  HIGH  SCHOOLS. 

Chapter  236  of  the  Acts  of  1886  provides  that :  - 

1.  Every  city  of  fifty  thousand  or  more  inhabitants  shall  establish  and 
thereafter  annually  maintain  an  evening  high  school  in  which  shall  be 
taught  such  branches  of  learning  as  the  school  committee  thereof  may 
deem  expedient,  whenever  fifty  or  more  residents,  fourteen  years  of  age 
or  over,  who  desire  and,  in  the  opinion  of  the  school  committee,  are  com- 
petent to   pursue  high  school  studies,  shall  petition  in  writing  for   an 
evening  high  school  and  certify  that  they  desire  to  attend  such  school. 

2.  The  school  committee  shall  have   the   same   superintendence   over 
such  schools  as  they  have  over  day  schools ;  may  determine  the  term  or 
terms  of  time  in  each  year  and  the  hours  of  the  evening  during  which 
such  schools  shall  be  kept,  and  may  make  such  regulations  as  to  attend- 
ance thereat  as  they  may  deem  proper. 

UNION  HIGH  SCHOOL  DISTRICTS. 
High  school          SECT.  3.     Two  adjacent  towns,  having  each  less  than   five 

districts  in 

adjacent  hundred  families  or  householders,  may  form  one  high  school 

established.  district  for  establishing  such  a  school  as  is  contemplated  in  the 

GJ3.2389,'§  s1.'  preceding  section,  when  a  majority  of  the  legal  voters  of  each 

103  Mass.  99.  town,  in  meetings  called  for  that  purpose,  so  determine. 

Committee,  SECT.  4.     The  school  committees  of  the  two  towns  so  united 

how  chosen. 

Powers.  shall  elect  one  person  from  each  of  their  respective  boards, 

G-.  s.  as,' §4.'     and  the  two  so  elected  shall  form  the  committee  for  the  man- 
agement and  control  of  such  school,  with  all  the  powers  con- 
ferred upon  school  committees  and  prudential  committees, 
to  deter-  SECT.  5.     The  committee  thus  formed  shall   determine  the 

oTschoof- 101  location  of  the  school-house  authorized  to  be  built  by  the  towns 
I8488e279  §  3  f°rmmg  the  district,  or,  if  the  towns  do  not  determine  to  erect 
GK  S.  38,  §  5.  a  house,  shall  authorize  the  location  of  such  school  alternately 

in  the  two  towns. 
Expenses  SECT.  6.     In  the  erection  of  a  school-house  for  the  perma- 

apportioned. 

1848,  279,  §  4.  nent  location  of  such  school,  in  the  support  and  maintenance 
of  the  school,  and  in  all  incidental  expenses  attending  the 
same,  the  proportions  to  be  paid  by  each  town,  unless  other- 
wise agreed  upon,  shall  be  according  to  its  proportion  of  the 
county  tax. 


OF    MASSACHUSETTS.  29 


INDUSTRIAL  AND  MECHANICAL  DRAWING. 

SECT.  7.     Any  town  may,  and  every  city  and  town  having  industrial  and 

more  than  ten  thousand  inhabitants  shall,  annually  make  pro-  "mwinji^1  be 

vision  for  giving  free  instruction  in  industrial  or  mechanical  ta"ght  free  to 

persons  over 

drawing  to  persons  over  fifteen  years  ot  age,  in  either  day  or  fifteen  years 

evening  schools,  under  the  direction  of  the  school  committee.  i87of248,  §  2. 

INDUSTRIAL  SCHOOLS. 

SECT.  8.    A  town  may  establish  and  maintain  one  or  more  industrial 
industrial  schools,  which  shall  be  under  the  superintendence  of 


the  school  committee,  who  shall  employ  the  teachers,  prescribe   by  towns,  etc., 

under  super- 

thc  arts,  trades,  and  occupations  to  be  taught  therein,  and  have   intendency  of 
1  he  general  control  and  management  thereof;  but  they  shall   mittee.C°r 
not  expend  for  any  such   school  an  amount  exceeding  the   1872>86- 
appropriation  specifically  made  therefor,  and  shall  not  compel 
any  scholar  to  study  any  trade,  art,  or  occupation  without  the 
consent  of  his  parent  or  guardian  ;  and  attendance  upon  such 
school  shall  not  take  the  place  of  the  attendance  upon  public 
schools  required  by  law. 

NAUTICAL  SCHOOLS. 

SECT.  9.     A  town  may  establish  and  maintain,  upon  shore  or   cities  and 
upon  ships  or  other  vessels  at  the  option  of  the  school  com- 


mittee,  one  or  more  schools  for  training  young  men  or  boys   ticai  schools 

•       in  ships  or  on 

in  nautical  duties  ;  such  schools  shall  be  subject  to  the  provi-   shore. 
sions  of  the  preceding  section,  except  that  the  school  committee 
may  excuse  boys  attending  such  nautical  schools  from  attend- 
ance on  other  schools. 

UNION  SCHOOLS. 

SECT.  10.    Two  or  more  towns  may,  by  a  vote  of  a  major-   union  schools 
ity  of  the  legal  voters  in  each  town,  unite  in  establishing  union 


schools  for  the  accommodation  of  such  contiguous  portions  of  or  more 

each  as  shall  be  mutually  agreed  upon.  ises,  278,  §  i. 
SECT.  11.     The  management  and  control  of  such  schools,  the      how  man- 

location  of  the  same  or  of  the  school-houses  therefor,  and  the  8ued'orJ>ecdUed> 

apportionment  of  the  expenses  of  erecting  such  school-houses  etc« 

and  of  the  support  and  maintenance  of  said  schools,  with  all  103  Mass.  99. 
expenditures  incident  to  the  same,  shall  be  governed  by  the 
provisions  of  sections  four,  five,  and  six. 

SCHOOLS  FOR  PERSONS  OVER  TWELVE  YEARS  OLD. 
SECT.  12.     A  town  may  establish  and  maintain,  in  addition   Scioois  may 
to  the  schools  required  by  law  to  be  maintained  therein,  schools   forThose*over 
for  the  education  of  persons  over  twelve  years  of  age  ;  may   0^lve  years 
determine  the  term  or  terms  of  time  in  each  year  and  the   <*.  s.  38,  §  7. 
hours  of  the  day  or  evening  during  which  said  school  shall  be   io6Aiie°n,'i49. 
kept;   and  may  appropriate  such  sums  of  money  as  may  be 
necessary  for  the  support  thereof. 


30  SCHOOL   LAWS 

Schools  to  be  SECT.  13.    When  a  school  is  so  established,  the  school  corn- 
under  super- 
intendence of  mittee  shall  have  the  same  superintendence  over  it  as  they  have 


over  other  schools,  and  shall  determine  what  branches  of  learn- 
ing may  be  taught  therein. 

FEMALE  ASSISTANTS. 

Female  assist-       SECT.  14.     In  every  public  school  having  an  average  of  fifty 
G-.  s.  38,  §9.     scholars,  the  school  district  or  town  to  which  such  school  be- 
longs, shall  employ  one  or  more  female  assistants,  unless  such 
district  or  town  votes  to  dispense  with  such  assistant. 

It  would  be  well  for  the  schools  if  the  wise  provision  made 
by  this  statute  was  always  observed.  Great  waste  will  be 
produced  whenever  a  larger  number  of  pupils  than  can  be  well 
taught  are  assigned  to  one  teacher.  Fifty  pupils  is  the  maxi- 
mum number. 

MORAL  INSTRUCTION. 

Duty  of  in-  SECT.  15.    It  shall  be  the  duty  of  the  president,  professors, 

colleges,  etc.     and  tutors  of  the  university  at  Cambridge  and  of  the  several 

^05)s§12utlon'     colleges,  of  all  preceptors  and  teachers  of  academies,  and  of 

S  Ail38'  \27*    a^  °^ner  instructors  of  youth,  to  exert  their  best  endeavors  to 

impress  on  the  minds  of  children  and  youth  committed  to  their 

care  and  instruction  the  principles  of  piety  and  justice  and  a 

sacred  regard  to  truth ;  love  of  their  country,  humanity,  and 

universal    benevolence;     sobriety,    industry,    and    frugality; 

chastity,  moderation,  and  temperance ;  and  those  other  virtues 

which  are  the  ornament  of  human  society  and  the  basis  upon 

which  a  republican  constitution  is  founded ;  and  it  s.hall  be  the 

duty  of  such  instructors  to  endeavor  to  lead  their  pupils,  as 

their  ages  and  capacities  will  admit,  into  a  clear  understanding 

of  the  tendency  of  the  above-mentioned  virtues  to  preserve 

and  perfect  a  republican  constitution  and  secure  the  blessings 

of  liberty  as  well  as  to  promote  their  future  happiness,  and 

also  to  point  out  to  them  the  evil   tendency  of  the  opposite 

vices. 

Duty  of  minis-       SECT.  16.     The  resident  ministers  of  the  gospel,  the  select- 

ters  and  town 

officers.  men,  and  the  school  committees  shall  exert  their  influence  and 

101  Bias's?  143'.    use  their  best  endeavors  that  the  youth  of  their  towns  shall 
regularly  attend  the  schools  established  for  their  instruction. 

These  provisions  of  the  statutes  contain  an  emphatic  ex- 
pression of  the  will  of  the  people  concerning  the  introduction 
of  the  moral  element  into  all  our  public  instruction.  By  it  the 
teachers  of  science,  as  well  as  of  religion,  are  enjoined  to  train 
the  young  under  their  care  to  the  practice  of  every  virtue. 
This  provision,  sanctioned  and  enforced  by  the  popular  will,  has 
produced  a  most  marked  effect  upon  the  spirit  of  our  educa- 
tional institutions. 


OF    MASSACHUSETTS.  31 


TOWNS  TO  RAISE  MONEY  FOR  SCHOOLS. 
SF.CT.  17.     The   several  towns  shall  at  their  annual   meet-   Towns  to 

,,     T   ,,         ,  .  ,      raise  money 

ings,  or  at  a  regular  meeting  called  tor  the  purpose,  raise  such    for  schools. 
sums  of  money  for  the  support  of  schools  as  they  judge  neces-   S'Met.^is!2' 
sary  ;  which  sums  shall  be  assessed  and  collected  in  like  man- 
ner as  other  town  taxes. 

CONVEYANCE  OF  PUPILS. 

Chapter  132  of  the  Acts  of  1869  provi'des  that  any  town  in 
the  Commonwealth  may  raise  by  taxation  or  otherwise,  and 
appropriate  money  to  be  expended  by  the  school  committee  in 
their  discretion,  in  providing  for  the  conveyance  of  pupils  to 
and  from  the  public  schools. 

SCHOOL  FUNDS  OF  CORPORATIONS. 

SK<T.  18.     Nothing  contained  in  this  chapter  shall  affect  the   School  funds 
right  of  any  corporation  established  in  a  town  to  manage  any   {toSSSt*" 
estate  or  funds  given  or  obtained  for  the  purpose  of  supporting   jf^g*  gg1  f^ 
schools  therein,  or  in  any  wise  affect  such  estate  or  funds. 

.    PENALTY  FOR  REFUSAL  OR  NEGLECT  TO  RAISE  MONEY. 

SECT.  19.     A  town  which  refuses  or  neglects  to  raise  money   Forfeiture  for 
for  the  support  of  schools  as  required  by  this  chapter  shall  for-   Jafce  mon«-y, 
i'cit  a  stun  c<|iial  to  twice  the  highest  sum  ever  before  voted  for   ®tc- 
the   support  of   schools   therein.     A  town  which   refuses  or   11  Cush!  178. 
neglects    to    choose    a   school   committee   to   superintend  its 
schools,  or  to  choose  prudential  committees  in  the  several  dis- 
tricts, when  it  is  its  duty  to  choose  suuh  prudential  committees, 
shall   forfeit  not  less  than  five  hundred   nor  more  than  one 
thousand  dollars  to  be  paid  into  the  treasury  of  the  county. 

SF.CT.  20.     Three-fourths  of  any  forfeiture  so  paid  shall  be   Forfeiture, 
paid  by  the  county  treasurer  to  the  school  committee,  if  any, 


otherwise  to  the  selectmen  of  the  town  from  which  it  is  recov-   at?d  *p 

schools. 


,  who  shall  apportion  and  appropriate  the  same  to  the  sup-   Q.  8.  38,  §  is. 
port  of  the  schools  of  such  town  in  the  same  manner  as  if  it 
had  been  regularly  raised  by  the  town  for  that  purpose. 

By  the  seventeenth  section  the  towns  are  required  to  raise 
such  sums  of  money  for  the  support  of  schools  as  they  judge 
necessary.  The  town  is  to  judge  of  the  needed  expenditure. 
The  annual  report  of  the  school  committee  will  furnish  the 
data  on  which  the  judgment  of  the  town  is  to  be  based.  An 
estimate  of  the  amount  of  money  needed  to  carry  on  the 
schools  for  the  year  should  be  made  by  the  committee  and 
presented  to  the  town  at  its  annual  meeting.  It  would  be  well 
to  make  the  estimate  in  detail  as  follows  :  — 

1.  For  support  of  schools,  including  wages  and  board  of  teachers,  fuel, 
care  of  fires  and  school-rooms. 


32  SCHOOL    LAWS 

2.  Repairs. 

3.  Apparatus,  books  of  reference,  etc. 

4.  Incidentals,  as  school-room  supplies,  pails,  brooms,  crayons,  erasers,  etc. 

The  towns  have  authority  to  raise  money  for  the  support  of 
all  schools  that  may  properly  be  called  town  schools.  See 
decision  below. 

The  court  are  of  the  opinion,  that  the  provision  in  the  statutes  which  pro- 
vides the  small  amount  of  schooling  which  towns  are  compelled  to  provide 
for  under  a  penalty,  is  not  a  definition  or  limit  of  the  public  schools  which 
they  have  authority  to  provide  for  by  taxation  ;  but  that  the  provision  is  to 
be  taken  in  connection  with  the  broader  power  given  to  towns  to  grant  and 
vote  money,  as  they  shall  judge  necessary,  for  the  support  of  schools,  and 
also  with  the  whole  course  of  policy  and  of  legislation  upon  the  same  sub- 
ject. This  power  is  to  be  exercised  in  good  faith,  for  the  support  of  "  town 
schools,"  as  that  term  is  well  known  and  understood,  for  the  general  bene- 
fit, and  not  colorably  f  or/  the  promotion  of  other  and  different  objects.— 
Mctcalf,  vol.  10,  page  520. 

In  the  case  of  The  Commonwealth  v.  The  Inhabitants  of 
Sheffield  (11  Gushing,  178),  it  was  held  that  the  offence 
contemplated  by  the  statutes  on  which  the  nineteenth  and 
twentieth  sections  of  this  chapter  are  founded,  could  be  com- 
mitted only  once  a  year  —  that  the  calendar  year  is  intended. 

ELECTION  AND  GENERAL  POWERS  OF  SCHOOL  COMMITTEES. 
School  com-          SECT.  21.     Every  town  shall,  at  its  annual  meeting;,  or  at  a 

mittcc   how 

chosen,  etc.  meeting  appointed  and  notified  by  the  selectmen  for  the  pur- 

efiglbie!  tO  Pose  an(l  hdd  in  the  same  month  in  which  the  annual  meeting 

S'74  '389*  §  16  occurs>  choose  by  written  ballots  a  school  committee,  which 

1879,  223.  shall  have  the  general  charge  and  superintendence  of  all  the 

5Cueh.'207.'  public  schools  in  the  town.     Said  committee  shall  consist  of 


anJ  number  of  persons  divisible  by  three  which  said  town  has 
12  decided  to  elect,  one-third  thereof  to  be  elected  annually,  and 


101  Maes.  143.   to  continue  in  office  three  years.     No  person  shall  be  deemed 

105  Mass.  475.     ,      ,       .      ,.    .,  ,     A  ,        , 

to  be  ineligible  to  serve  upon  a  school  committee  by  reason  ot 
sex.  If  a  town  fails  or  neglects  to  choose  such  committee,  an 
election  at  a  subsequent  meeting  shall  be  valid. 

The  school  law  of  1826,  chapter  170,  section  1,  first  re- 
quired towns  to  elect  a  school  committee. 

By  the  statutes  of  1827,  chapter  143,  section  5,  every  town 
was  required  to  elect  three,  five,  or  seven  persons,  and  towns 
containing  four  thousand  inhabitants  were  empowered  to  choose 
an  additional  number  not  exceeding  five. 

The  act  of  1857,  chapter  270,  changed  the  number  to  three 
or  some  multiple  of  three,  and  each  member  after  the  first  elec- 
tion was  to  hold  of^ce  for  three  years. 


OF   MASSACHUSETTS-    .  33 


By  this  section  the  committee  have  general  charge  and  super- 
intendence of  the  schools. 

The  school  committee  of  a  town  are  to  determine  what  is  a 
"  sufficient  number"  of  schools  for  a  town  to  maintain.  Chief 
Justice  Shaw  uses  the  following  language  :  — 

There  being  no  specific  direction  how  schools  shall  be  organized; 
how  many  schools  shall  be  kept ;  what  shall  be  the  qualifications  for 
admission  to  the  schools  ;  the  age  at  which  children  may  enter ;  the 
age  to  which  they  may  continue  ;  —  these  must  all  be  regulated  by  the 
committee,  under  their  power  of  general  superintendence. 

The  power  of  general  superintendence  vests  a  plenary  authority  in  the 
committee  to  arrange,  classify,  and  distribute  pupils,  in  such  a  manner 
as  they  think  best  adapted  to  their  general  proficiency  and  welfare. 
If  they  should  judge  it  expedient  to  have  a  grade  of  schools  for 
children  from  seven  to  ten,  and  another  for  those  from  ten  to  four- 
teen, it  would  seem  to  be  within  their  authority  to  establish  such 
schools  ;  so  to  separate  male  and  female  pupils  into  different  schools. 

In  the  absence  of  special  legislation  on  this  subject,  the  law  has 
vested  the  power  in  the  committee  to  regulate  the  system  of  distribu- 
tion and  classification  ;  and  when  this  power  is  reasonably  exercised, 
without  being  abused  or  perverted  by  colorable  pretences,  the  decision 
of  the  committee  must  be  deemed  conclusive.  5  Gush.  207,  208,  209. 

It  is  competent  for  teachers,  with  the  approval  of  the  school 
committee,  to  require  pupils  to  prepare  other  exercises  and  to 
pursue  other  studies  than  those  named  in  this  section,  if  they 
are  clearly  included  in  those  required, — as  composition-writ- 
ing is  included  in  orthography  and  in  grammar. 

The  general  school  committee  of  a  city  or  town  have  power, 
under  the  laws  of  this  Commonwealth,  in  order  to  maintain  the 
purity  and  discipline  of  the  public  schools,  to  exclude  there- 
from a  child  whom  they  deem  to  be  of  a  licentious  and  im- 
moral character,  although  such  character  is  not  manifested  by 
any  acts  of  licentiousness  or  immorality  within  the  school. 
8  Cush.  160. 

The  school  committee  has  authority,  not  subject  to  revision  if 
exercised  in  good  faith,  to  exclude  a  pupil  from  a  public  school 
for  misconduct  which  injures  its  discipline  and  management; 
and  the  expulsion  of  such  a  pupil  from  the  school  by  a  part  of 
the  committee,  unanimously  ratified  afterwards  by  the  full  com- 
mittee, is  not  an  irregularity  in  the  exercise  of  the  authority, 
which  gives  the  pupil  a  right  of  action  against  the  town.  105 
Mass.  475. 


34  SCHOOL   LAWS 

FILLING  VACANCIES  IN  COMMITTEE. 

J ^cancies,  SECT.  22.     If  a  person  elected  a  member  of  the  school  corn- 

how  nlled. 
G.  S.  38,  §  17.    mittee,  after  being  duly  notified  of  his  election  in  the  manner 

in  which  town  officers  are  required  to  be  notified,  refuses  or 
neglects  to  accept  said  office,  or  if  a  member  of  the  committee 
declines  further  service,  or,  from  change  of  residence  or  other- 
wise, becomes  unable  to  attend  to  the  duties  of  the  committee, 
the  remaining  members  shall,  in  writing,  give  notice  of  the 
fact  to  the  selectmen  of  the  town,  or  to  the  mayor  and  alder- 
men of  the  city,  and  the  two  boards  shall  thereupon,  after  giv- 
ing public  notice  of  at  least  one  week,  proceed  to  fill  such 
vacancy ;  and  a  majority  of  the  ballots  of  persons  entitled  to 
vote  shall  be  necessary  to  an  election. 

When  whole         SECT.  23.    If  all  the  persons  elected  members  of  the  school 
decline,  new     committee,  after  such  notice  of  their  election,  refuse  or  neglect 
howelected.      to  accePt  tlie  °ffice>  °r  having  accepted  afterwards  decline  fur- 
G.  s.  38,  §  is.    ther  service,  or  become  unable  to  attend  to  the  duties  of  the 
committee,  the  selectmen  or  the  mayor  and  aldermen  shall, 
after  giving  like  public  notice,  elect  by  ballot  a  new  commit- 
tee, and  the  votes  of  a  majority  of  the  entire  board  of  select- 
men, or  of  the  mayor  and  aldermen,  shall  be  necessary  to  an 
election. 

To  constitute  a  valid  election,  in  case  of  vacancy,  the  per- 
son elected  must  have  received  a  number  of  votes  equal  to  a 
majority  of  all  the  persons  entitled  to  vote ;  that  is,  if  there 
were  in  a  town  five  selectmen  and  five  remaining  members  of 
the  school  committee,  there  would  be  ten  persons  entitled  to 
vote;  and  six  votes  would  be  necessary  to  an  election,  even 
though  only  eight,  or  seven,  or  six  votes  should  be  cast.  The 
same  rule  also  applies  when,  under  the  authority  given  in  the 
twenty-third  section,  the  mayor  and  aldermen  of  a  city,  or  the 
selectmen  of  a  town,  proceed  to  elect  an  entire  board  of  school 
committee.  An  article  "  to  choose  all  necessary  town  officers  " 
is  notice  only  of  those  elections  that  are  provided  for  by  the 
standing  laws.  Hence  it  follows  that  vacancies  occurring  after 
the  warrant  for  the  annual  election  is  issued,  and  before  the 
election  is  held,  cannot  be  filled  at  that  meeting.  In  such  case 
the  vacancy  must  be  filled  by  the  conventions  provided  for  in 
the  twenty-second  and  twenty-third  sections  of  this  chapter. 

The  following  case  was  once  submitted  to  the  department : 
The  annual  meeting  of  a  town  was  held  on  the  fifth  of  March. 
Before  the  election  of  members  of  the  school  committee,  the 
meeting  adjourned  to  the  first  Monday  of  April.  About  the 
twentieth  of  March  a  member  of  the  school  committee  resigned. 


OF   MASSACHUSETTS.  35 

On  the  twenty-seventh  of  March  the  remaining  members  of  the 
committee  and  the  selectmen,  after  giving  due  notice,  elected  a 
person  to  fill  the  vacancy. 

At  the  meeting  in  April,  it  being  an  adjournment  of  the 
March  meeting,  and  acting  under  an  article  in  the  warrant  "to 
choose  all  necessary  town  officers  "  the  town  elected  a  different 
person  to  fill  the  vacancy.  The  attorney-general  gave  an  opin- 
ion that  the  election  by  the  town  was  not  valid,  and  that  the 
person  elected  in  convention  was  entitled  to  the  seat. 

SECT.  24.    The  term  of  service  of  every  member  elected  in   Term  of  ser- 
purs  nance  of  the  provisions  of  the  two  preceding  sections  shall  f  p 


va- 


end  with  the  municipal  or  official  year  in  which  he  is  chosen  ;  8 

and  if  the  vacancy  which  he  wras  elected  to  fill  was  for  a  longer 
period,  it  shall,  at  the  first  annual  election  after  the  occurrence 
of  the  vacancy,  be  filled  in  the  manner  prescribed  for  original 
elections  of  the  school  committee. 

OLD  BOARD  TO  MAKE  RETURNS. 
SECT.  25.    All  the  members  of  the  school  committee  shall   On  election  of 

new  board, 

continue  in  office  for  the  purpose  01  superintending  the  winter   certain  duties 
terms  of  the  several  schools,  and  of  making  and  transmitting  ° 


the  certificate,  returns,  and  report  of  the  committee,  notwith-   **•  ?  •  ^.»  §  20> 

standing  the  election  of  any  successor  at  the  annual  meeting  ; 

but  for  all  other  duties,  the  term  of  office  shall  commence  im- 

mediately after  election  ;  except  that,  in  cities  where  no  differ-  * 

ent  provision  has  been  specifically  made,  the  term  of  office  of 

members  of  the  school  committee  shall  commence  at  the  time 

provided  in  regard  to  members  of  the  several  city  councils. 

INCREASING  OR  DIMINISHING  COMMITTEE. 

SECT.  26.    A  town  may,  at  its   annual  meeting,  vote  to  in-   Committee, 
crease  or  diminish  the  number  of  its  school  committee.     Such   oiTimintehed 
increase  shall  be  made  by  adding  one  or  more  to  each  class,  to    G-  8>  38>  §  2L 
hold  office  according  to  the  tenure  of  the  class  to  which  they 
are   severally  chosen.     Such    diminution   shall    be   made   by 
choosing,  annually,  such  number  as  will   in  three  years  effect 
it,  and  a  vote  to  diminish  shall  remain  in  force  until  the  dimi- 
nution under  it  is  accomplished. 

By  this  statute  a  town  may  increase  its  school  committee  by 
adding  an  equal  number  to  each  of  its  three  classes,  and  this 
may  be  done  at  any  annual  meeting  named  for  that  purpose. 
It  will,  however,  require  three  years  to  effect  a  diminution,  as 
members  once  duly  elected  cannot  be  deprived  of  their  offices. 
During  the  time  required  to  make  the  diminution,  it  may  occur 
that  the  committee  will  not  always  consist  of  some  multiple  of 
three. 


36  SCHOOL   LAWS 

Comraiuec,          SECT.  27.    The  school  committee  shall  appoint  a  secretary 
secretary.'        and  keep  a  permanent  record  book,  in  which  all  its  votes, 

orders,  and  proceedings  shall  by  him  be  recorded, 
to  contract         SECT.  28.     The  school  committee,  [unless  the  town  at  its  an- 

with  teachers, 

unless,  etc.        nual  meeting  determines  that  the  duty  may  be  performed  bv 

f"1     *•>    *^S    &  "2*3 

4  Gush.  599.  '  the  prudential  committee] ,  shall  select  and  contract  with  the 
wSSujlst.  teaohers  of  the  public  schools;  shall  require  full  and  satis- 
factory evidence  of  the  good  moral  character  of  all  teachers 
who  may  be  employed;  and  shall  ascertain,  by  personal  ex- 
amination, their  qualifications  for  teaching,  and  their  capacity 
for  the  government  of  schools. 

(The  clause  in  the  above  section  enclosed  in  brackets  is  ren- 
dered void  by  chapter  219  of  the  Acts  of  1882,  which  abolished 
the  school  district  system.) 

TENURE  OF  OFFICE. 

Chapter  313  of  the  Acts  of  1886  provides  that  the  school 
committee  of  any  city  or  town  may  elect  any  duly  qualified 
person  to  serve  as  a  teacher  in  the  public  schools  of  such  city 
or  town  during  the  pleasure  of  such  committee  :  provided,  such 
person  has  served  as  a  teacher  in  the  public  schools  of  such  city 
or  town  for  a  period  of  not  less  than  one  year. 

SELECTION  AND  EXAMINATION  OF  TEACHERS. 

The  duty  indicated  in  the  twenty-eighth  section  is  the  most 
important  one  which  the  school  committee  is  called  to  perform. 
It  is  necessary  that  the  schools  shall  be  supplied  with  good 
teachers ;  for  whatever  may  be  done  by  external  agencies,  a 
good  school  will  never  exist  until  it  is  created  by  a  good  teacher. 

The  committee  are  to  find  such  teachers  by  examination. 
The  most  satisfactory  examination  will  be  made  by  observing 
a  teacher  at  his  work.  If  this  cannot  be  done,  the  candidate 
may  be  examined  by  questions,  which  shall  test  his  ability  to 
teach  the  branches  of  learning  to  be  pursued  in  the  schools, 
also  his  ability  to  organize  and  control  a  school.  Before  a 
teacher  is  employed,  the  committee  should  be  thoroughly  satis- 
fied that  he  has  a  good  moral  character,  and  that  he  has  a  good 
method  of  teaching  morals  to  his  pupils. 

' '  The  authority  and  duty  of  the  school  committee  of  a  town 
are  not  confined  to  ascertaining  by  examination  the  literary 
qualifications  of  teachers,  and  their  capacity  for  the  government 
of  schools  ;  but  they  are  the  sole  judges  of  their  qualifications  in 


OF    MASSACHUSETTS.  37 

all  respects  to  tench  and  govern  the  school  for  which  they  are 
selected."     9  Allen,  94. 

SALARIES  AND  APPROPRIATIONS. 

"  The  school  committee  have  the  whole  power  to  examine 
teachers,  and  no  one  can  legally  be  a  teacher  in  any  public 
school,  until  he  has  received  from  the  school  committee  a  writ- 
ten certificate  of  his  qualification. 

"  By  this  statute,  the  committee  has  the  power,  absolutely 
and  unconditionally,  to  agree  upon  the  salaries  of  the  teachers. 
There  is  no  power  given  to  any  other  men,  or  body  of  men,  to 
contract  with  the  teachers,  and  this  power  is  given  by  the 
statute,  and  not  by  the  town  or  city. 

"  The  Legislature  have  imposed  on  the  committee  the  duty 
of  seeing  to  it  that  the  public  schools  are  in  a  condition  and  of 
a  character  best  calculated  to  advance  the  improvement  and 
promote  the  good  of  the  pupils.  The  character  of  the  schools 
will  depend  on  the  character  of  the  teachers,  and  the  character 
of  the  teachers  will  depend  on  the  compensation.  The  power 
to  fix  the  compensation  is  chiefly  intrusted  to  the  committee 
for  the  full,  appropriate  and  most  useful  discharge  of  their 
duties.  This  power  the  Legislature,  for  the  most  satisfactory 
reasons,  have  expressly  given  to  them.  To  say  that  the  city 
is  not  bound  to  pay  according  to  the  contract  of  the  committee 
would  be  in  effect  to  say,  that  the  committee  had  no  power  to 
contract."  Bachelder  v.  City  of  Salem.  4  Gush.  599. 

"  The  power  of  the  school  committee  to  fix  the  compensa- 
tion of  the  teachers  of  the  schools  of  a  city,  and  bind  the  city 
to  pay  the  same,  cannot  be  controlled  by  the  city  council 
except  by  voting  to  close  the  schools  after  they  have  been  kept 
open  the  time  required  by  law. 

"  The  power  given  to  the  school  committee  to  contract  with 
teachers  necessarily  implies  and  includes  the  power  to  deter- 
mine their  salaries.  And  in  so  doing  they  are  not  restricted  to 
the  amount  appropriated  by  the  city  council. 

"The  school  committee  are  an  independent  body,  intrusted 
by  law  with  large  and  important  powers  and  duties ;  and, 
although  every  discretionary  power  is  liable  to  abuse,  against 
which  no  perfect  safeguards  can  be  provided,  yet  we  are  aware 
of  no  substantial  reason  for  supposing  that  the  power  of  fixing 
teachers'  salaries  is  more  liable  to  abuse  by  the  school  commit- 


38  SCHOOL   LAWS 

tees  than  by  the  city  council.  At  all  events,  the  interpretation 
of  the  law  to  which  we  now  adhere  'was  adopted  many  years 
ago  [see  Bachelder  v.  Salem,  4  Gush.  603],  and  the  Legisla- 
ture has  not  seen  fit  to  change  its  provisions."  98  Mass.  587. 

AUTHORITY  OF  TEACHERS  OVER  PUPILS. 

Section  1  of  chapter  44  of  the  Public  Statutes  imposes  upon 
the  teachers  of  the  public  schools  the  duty  of  instructing  their 
pupils  in  good  behavior. 

The  Constitution  of  the  State  makes  it  the  duty  of  all  insti- 
tutions of  learning  to  train  those  committed  to  them  in  the 
practice  of  every  virtue.  To  attain  these  ends  it  is  necessary 
that  a  wise  government  over  the  pupils  shall  be  uniformly  and 
persistently  maintained.  The  teacher  is  therefore  vested  with 
the  authority  of  the  parent  in  the  control  of  the  children  in 
their  relations  as  pupils  of  his  school. 

1.  In  the  school-room  he  has  exclusive  control  of  his  pupils, 
subject  only  to  the  direction  of  the  school  committee. 

2.  He  may  rightfully  exercise  the  same  full  control  over  his 
pupils  at  any  time  while  they  are  on  any  part  of  the  school 
premises. 

3.  While  the  pupils  are  on  their  way  to  and  from  the  school, 
the  authority  of  the  teacher  may  be  considered  as  concurrent 
with  that  of  the  parent  or  guardian.     If  the  pupils  in  coming 
to  school,  or  in  going  from  it  to  their  homes,  commit  an  offence 
against  the  civil  laws,  it  will  be  well  to  leave  the  offenders  in 
the  hands  of  judicial  or  parental  authority.     But  if  the  children 
quarrel  on  their  way,  or  are  wilfully  tardy,  or  use  indecent  and 
profane  language,  or  in  any  way  by  their  conduct  injure  the 
good  order  and  discipline  of  the  school,  the  teacher  may  take 
notice  of  such  conduct  by  subjecting  the  offender  to  such  wise 
and  judicious  treatment  as  will  have  a  tendency  to  prevent  a 
repetition  of  the  offence.     In  such  cases  the  teacher  should 
exercise  great  caution  not  to  use  any  doubtful  authority,  or  any 
questionable  modes  of  correction. 

TEACHERS'  CERTIFICATES. 

Teachers^to  SECT.  29.     Every  teacher  of  a  town  or  district  school  shall, 

tile  certificate;   before  he  opens  such  school,  obtain  from  the  school  committee 

when  an    low    ft  certjfjcate  m  duplicate  of  his  qualifications,  one  of  which 

G.  S.  38,  §  24.    shall  be  deposited  with  the  selectmen  before  any  payment  is 

made  to  such  teacher  on  account  of  his  services  ;  and  upon  so 

filing  such  certificate,  the  teacher  of  any  public  school  shall  be 


OF   MASSACHUSETTS.  39 

entitled  to  receive,  on  demand,  his  wages  due  at  the  expiration 
of  any  quarter,  or  term  longer  or  shorter  than  a  quarter,  or 
upon  the  close  of  any  single  term  of  service,  subject  to  the 
conditions  specified  in  section  fifteen  of  chapter  forty-six. 

DISMISSAL  OF  TEACHER.  « 

SECT    30.     The   school    committee  may,   when  they  think   Teacher*  may 

J  J  be  dismissed, 

proper,  dismiss  any  teacher  from  employment,  and  such  teacher   etc. 

shall  receive  no  compensation  for  services  rendered  after  such    12' Gray!  339.' 

dismissal.  9  Allen/94.  ' 

No  teacher  shall  be  allowed  to  enter  upon  the  discharge  of 
the  duties  of  his  office  until  he  has  obtained  from  the  school 
committee  a  duplicate  certificate  of  qualifications.  He  must 
deposit  one  copy  with  the  selectmen  of  the  town ;  the  other 
he  must  retain  for  his  own  reference.  Until  this  is  done  the 
teacher  has  no  authority  either  to  teach  or  to  control  a  school, 
nor  will  he  be  legally  entitled  to  his  wages. 

The  power  granted  by  the  thirtieth  section  is  absolute.  It 
will  often  happen  that  a  committee  may  be  in  possession  of  suffi- 
cient reasons  to  justify  the  dismissal  of  a  teacher,  and  yet  a  wise 
public  policy  would  avoid  a  disclosure  of  them.  Experience 
has  proved  that  this  power  is  not  liable  to  abuse.  Committees 
are  reluctant  to  take  upon  themselves  the  responsibility  of  dis- 
missing a  teacher,  except  in  extreme  cases. 

WHEN  COMMITTEES  SHALL  VISIT  SCHOOLS. 
SECT.  31.    The  school  committee  or  some  one  or  more  of   School  com- 

.  mittees  to  visit 

them,  in  each  town  where  there  is  no  superintendent  of  schools,   schools  at 
shall  for  the  purpose  of  organizing  and  making  a  careful  ex-   anC(j  once  a  ' 
amination  of  the  schools,  and  of  ascertaining  that  the  scholars    ™u°n*^2Jg 
are  properly  supplied  with  books,  visit  all  the  public  schools   notice  to 
therein  on  some  day  during  the  first  week  after  the  opening  of   p^e  of  visits. 
such  schools,  and  on  some  day  during  the  two  weeks  preceding   Sif/S^V2!6-' 
the  close  of  the  same,  and  also,  without  giving  previous  notice 
thereof  to  the  instructors,  once  in  each  month ;  and  they  shall 
at  such  examinations  inquire  into  the  regulation  and  discipline 
of  the  schools  and  into  the  habits  and  proficiency  of  the  scholars. 

The  requirements  of  this  section  are  so  plain  as  to  leave  no 
room  for  explanation. 

BlHLE   TO   BE   READ   IN   THE    SCHOOLS. 

SECT.  32.     The   school  committee   shall  require  the  daily  Bible  to  be 
reading  in  the  public  schools  of  some  portion  of  the  Bible,  schools.    See- 
without  written  note  or  oral  comment;  but  they  shall  not  re-  excluded. 
quire  a  scholar,  whose  parent  or  guardian  informs  the  teacher  J^'  ^ 
in  writing  that  he  has  conscientious  scruples  against  it,  to  read  12  Alien,  127. 


40  SCHOOL    LAWS 

from  any  particular  version,  or  to  take  any  personal  part  in 
the  reading ;  nor  shall  they  direct  to  be  purchased  or  used  in 
the  public  schools  school-books  calculated  to  favor  the  tenets 
of  any  particular  sect  of  Christians. 

"  The  school  'committee  of  a  town  may  lawfully  pass  an  order 
that  the  schools  thereof  shall  be  opened  each  morning  with 
reading  from  the  Bible  and  prayer,  and  that  during  the  prayer 
each  scholar  shall  bow  the  head,  unless  his  parents  request  that 
he  shall  be  excused  from  doing  so ;  and  may  lawfully  exclude 
from  the  school  a  scholar  who  refuses  to  comply  with  such 
order,  and  whose  parents  refuse  to  request  that  he  shall  be 
excused  from  doing  so."  12  Allen,  127. 

It  is  the  settled  policy  of  the  State  to  require  the  use  of  the 
Bible  in  the  public  schools,  and  since  the  passage  of  the  act  of 
1855,  there  have  been  but  few  objections  made. 

The  duty  of  the  committees  is  performed  if  they  require 
the  Bible  to  be  read  by  the  teachers  as  a  part  of  the  morning 
devotional  service.  The  law  does  not  prescribe,  as  a  rule  from 
which  there  are  to  be  no  deviations,  that  every  pupil  who  may 
be  able  to  read  the  Bible  shall  be  required  to  do  so.  In  this 
respect  a  discretion  is  vested  in  the  committees.  No  sectarian 
books  are  used  in  the  schools. 

COMMITTEE  TO  PRESCRIBE  COURSE  OF  STUDIES. 

Committee  to  SECT.  33.  The  school  committee  shall  direct  what  books 
books  shall  be  shall  be  used  in  the  public  schools,  and  shall  prescribe,  as  far 
as  is  practicable,  a  course  of  studies  and  exercises  to  be  pur- 
suec^  tnerem-  These  exercises  may,  at  the  discretion  of  the 
studies^.  committee,  include  calisthenic,  gymnastic,  and  military  drill : 

1881, 193,  §  i.  provided,  that  no  special  instructors  shall  be  employed  to 
teach  gymnastic,  calisthenic,  or  military  drill,  except  by  a  two- 
thirds  vote  of  the  committee  present  and  voting  thereon.  But 
no  pupil  shall  be  required  to  take  part  in  any  military  exercise 
in  case  he,  his  parent  or  guardian,  notifies  the  school  com- 
mittee that  he  or  such  parent  or  guardian  has  conscientious 
scruples  against  such  exercise,  or  believes  it  would  be  injurious 
to  the  health  of  said  pupil. 

It  is  necessary  that  the  schools  of  every  town  shall  have  a 
definite  and  well  arranged  course  of  studies. 

The  topics  introduced  into  the  course  should  be  such  as  will 
lead  the  learner  to  obtain  useful  knowledge,  and  such  also  as 
will  furnish  occasions  for  that  activity  of  the  mind  which  will 


OF    MASSACHUSETTS.  41 

produce  the  best  mental  development.  The  topics  should  be 
so  arranged  in  the  course  that  they  will  hold  a  logical  relation 
to  one  another,  and  will  be  adapted  to  the  wants  of  the  minds 
of  the  pupils  as  their  powers  are  developed. 

CHANGES  OF  SCHOOL-BOOKS. 

SECT.  34.     A  change  may  be  made  in  the  school-books  used  ^1°miJ1jtlt®ee 

in  the  public  schools  in  a  town  by  a  vote  of  two-thirds  of  the  books  by  two- 

whole  school  committee  thereof  at  a  meeting  of  said  com-  whole  com-° 


mittre,  notice  of  such  intended  change  having  been  given  at  a      y         §2 
previous  meeting. 

FREE  TEXT-BOOKS. 

Chapter  103  of  the  Acts  of  1884  provides  that  the  school 
committee  of  every  city  and  town  shall  purchase,  at  the 
expense  of  such  city  or  town,  text-books  and  other  school  sup- 
plies used  in  the  public  schools  ;  and  said  text-books  and 
supplies  shall  be  loaned  to  the  pupils  of  said  public  schools  free 
of  charge,  subject  to  such  rules  and  regulations  as  to  care  and 
custody  as  the  school  committee  may  prescribe. 

Chapter  161  of  the  Acts  of  1885  provides  that  school  com- 
mittees may  procure,  at  the  expense  of  the  city  or  town,  in 
accordance  with  appropriations  therefor  previously  made,  such 
apparatus,  books  of  reference,  and  other  means  of  illustration  as 
they  deem  necessary  for  the  schools  under  their  supervision.  . 

The  advantages  of  the  free  text-book  system  are  :  — 

1.  Economy  in  time  and  money.     Under  the  present  system 
the  schools  may  be  supplied,  on  the  first  day  of  the  term,  with 
all  necessary  means  of  study.     This  prevents  the  long  delays 
that  were  formerly  experienced  in  organizing  the  classes,  and 
enables   the   teacher   to    make    a   better    classification    of    his 
school.     Experience  has  proved  that  the  expense  of  books  and 
supplies,  by  the  new  method  of  purchase,  is  reduced  nearly 
one-half. 

2.  The  new  system  furnishes  a  good  occasion  for  training 
the  children  to  take  good  care  of  those  things  not  their  own, 
but  which  they  are  allowed  to  use. 

3.  It  seems,  by  the  returns,  to  have  increased  the  attend- 
ance upon  the  schools  more  than  ten  per  cent. 

4.  The  public  schools  of  the  State    are  now  literally  free 
schools,  offering  to  all,  on  the  same  free  terms,  the  advantages 
of  a  good  public  school  education. 


42  SCHOOL   LAWS 

Before  the  act  of   1884    was  passed,  sixteen  towns  in   the 
State  had  voluntarily  adopted  the  free  text-book  system.     In 
all  cases  the  most  satisfactory  results  followed. 
Duty  of  com-         SECT.  41.     In  any  town  containing  five  hundred  families 

mittee  where 

school  is  for      and  in  which  a  high  school  is  kept  as  before  provided,  the 
whole  town,      school  committee  shall  perform  the  duties  in  relation  to  such 
G.  s.  38,  §  33.    school,  the  house  where  it  is  kept,  and  the  supply  of  all  things 
necessary  therefor,  which  the  prudential  committee  may  per- 
form in  a  school  district. 

PAY  OF  SCHOOL  COMMITTEES. 

of  Committee  SECT'  42'  Each  member  of  tlie  school  committee  in  cities 
G.  s.  38,  §  34.  shall  be  paid  one  dollar  a  day,  and  in  towns  two  dollars  and  a 

-IO-TO     1  =7  *J 

half  a  day,  for  the  time  actually  employed  in  discharging  the 
duties  of  the  office,  together  with  such  additional  compensation 
as  the  city  or  town  may  allow,  except  as  provided  in  the  fol- 
lowing section. 

SUPERINTENDENTS  OF  PUBLIC  SCHOOLS. 

eutPof  schools         SECT.  43.     A  city  by  ordinance,  and  a  town  by  vote,  may 
appointment,     require  the  school  committee  annually  to  appoint  a  superin- 
G.  s.  38,  §  35.    tendent,  who,  under  the  direction  and  control  of  said  commit- 
1870J  117!          tee>  shall  have  the  care  and  supervision  of  the  public  schools ; 
1874*  2:2'          or  ^e  sch°°l  committee  of  any  city  without  such  ordinance 
may  appoint  a  superintendent  by  a  majority  vote  of  the  whole 
board ;   the  compensation  of  the  superintendent  shall  not  be 
less  than  one  dollar  and  fifty  cents  for  each  day  of  actual  ser- 
vice, and  shall  be  determined  by  the  school  committee,  and,  in 
cities  without  such  ordinance,  by  a  majority  vote  of  the  Avhole 
board ;  in  every  city  in  which  such  ordinance  is  in  force  or  in 
which  a  superintendent  is   appointed,  and  in   every  town   in 
which  a  superintendent  is  appointed  and  which  does  not  pro- 
vide otherwise  by  vote,  the  school  committee  shall  receive  no 
compensation. 

UNION  OF  TOWNS  TO  EMPLOY  SUPERINTENDENT. 
Towns  may  SECT.  44.     Two  or  more  towns  may,  by  a  vote  of  each,  form 

form  a  district  •*.      J 

for  employ-  a  district  for  the  purpose  01  employing  a  superintendent  or 
tatendent0??'"  public  schools  therein,  who  shall  perform  in  each  town  the 
I87o,0i83,  §  i.  duties  prescribed  by  law. 

manner  of          SECT.  45.     Such  superintendent  shall  be  annually -appointed 
saiaryfetc"1'     by  a  joint  committee,  composed  of  the  chairman  and  secretary 
1870, 183,  §  2.     Of  tne  school  committee  of  each  of  the  towns  in  said  district, 
who  shall  determine  the  relative  amount  of  service  to  be  per- 
formed by  him  in  each  town,  and  shall  fix  his  salary  and  appor- 
tion the  amount  thereof  to  be  paid  by  the  several  towns,  and 
certify  such  amount  to  the  treasurer  of  each  town.     Said  joint 
committee  shall,  for  said  purposes,  be  held  to  be  the  agents  of 
each  town  composing  such  district. 


OF   MASSACHUSETTS.  43 

Chapter  431  of  the  Acts  of  1888  provides  as  follows  :  — 

1 .  Any  two  or  more  towns  the  valuation  of  each  of  which  does 
not  exceed  two  million  five  hundred  thousand  dollars,  and  the  aggre- 
gate number  of  schools  in  all  of  which  is  not  more  than  fifty  nor  less 
than  thirty,  may,  by  vote  of  the  several  towns,  unite  for  the  purpose 
of  the  employment  of  a  superintendent  of  schools  under  the  provi- 
sions of  this  act. 

2.  When  such  a  union  has  been  effected,  the  school  committees 
of  the  towns  comprising  the  union  shall  form  a  joint  committee,  and 
for  the  purposes  of  this  act  said  joint  committee  shall  be  held  to  be 
the  agents  of  each  town  comprising  the  union.     Said  committee  shall 
meet  annually  in  joint  convention  in  the  month  of  April  at  a  day  and 
place  agreed  upon  by  the  chairman  of  the  committees  of  the  several 
towns  comprising  the  union,  and  shall  organize  by  the  choice  of  a 
chairman  and  secretary.     They  shall  choose,  by  ballot,  a  superintend- 
ent of  schools  ;  determine  the  relative  amount  of  service  to  be  per- 
formed by  him  in  each  town  ;  fix  his  salary,  and  apportion  the  amount 
thereof  to  be  paid  by  the  several  towns,  and  certify  such  amount  to 
the  treasurer  of  each  town. 

STATE  AID  FOR  SUPERINTENDENTS. 

3.  Whenever  the  chairman  and  secretary  of  such  joint  committee 
shall  certify  to  the  state  auditor,  under  oath,  that  a  union  has  been 
effected  as  herein  provided,  that  the  towns,  in  addition  to  an  amount 
equal  to  the  average  of  the  total  sum  paid  by  the  several  towns  for 
schools  during  the  three  years  next  preceding,  unitedly  have  raised 
by  taxation  and  appropriated  a  sum  not  less  than  seven  hundred  and 
fifty  dollars  for  the  support  of  a  superintendent  of  schools,  and  that 
under  the  provisions  of  this  act  a  superintendent  of  schools  has  been 
employed  for  one  year,  a  warrant  shall  be  drawn  upon  the  treasurer 
of  the  Commonwealth  for  the  payment  of  one  thousand  dollars,  one- 
half  of  which  amount  shall  be  paid  for  the  salary  of  such  superintend- 
ent and  the  remaining  one-half  shall  be  apportioned  and  distributed 
on  the  basis  of  the  average  public  school  attendance  of  the  towns 
forming  such  district  for  the  year  next  preceding,  which  amount  shall 
be  paid  for  the  salaries  of  teachers  employed  in  the  public  schools 
within  such  district. 

4.  A  sum   not   exceeding  twelve  thousand  five  hundred  dollars 
shall  be  annually  appropriated  for  the  purposes  of  this  act. 

5.  The  provisions  of  section  forty-three  of  chapter  forty-four  of 
the  Public  Statutes  respecting  the  service  of  school  committees  with- 
out pay  in  towns  wherein  a  superintendent  is  appointed,  shall  not 
apply  to  towns  uniting  in  the  employment  of  a  superintendent  under 
the  provisions  of  this  act. 


44  SCHOOL   LAWS 

It  is  the  universal  testimony  of  those  best  able  to  judge,  that 
the  schools  of  a  country  are  good  as  their  superintendence  is 
good,  and  poor  as  their  superintendence  is  inefficient.  The  cities 
and  large  towns  of  the  Commonwealth  have  provided  themselves 
with  school  superintendents.  The  small  towns  can  provide 
themselves  with  these  agents,  under  the  provisions  made  in 
section  44,  or  under  those  made  by  the  act  of  1888,  chapter 
431.  The  experiment  has  been  tried  by  the  formation  of  six 
districts,  under  the  law  of  1870,  and  in  all  cases  it  has  proved 
eminently  successful. 

SCHOOL-HOUSES. 
Towns  not  SECT.  46.     Every  town  not  divided  into  school  districts  shall 

districted  to  •> 

maintain  provide  and  maintain  a  sufficient  number  of   school-houses, 

etc°°  Penalty'    properly  furnished  and  conveniently  located  for  the  accommo- 


Cation  of  an  tne  children  therein  entitled  to  attend  the  public 
1871,  145.  schools  ;  and  the  school  committee,  unless  the  town  otherwise 

directs,  shall  keep  such  houses  in  good  order,  and  shall  pro- 
cure a  suitable  place  for  the  schools,  where  there  is  no  school- 
house,  and  provide  fuel  and  all  other  things  necessary  for  the 
comfort  of  the  scholars  therein,  at  the  expense  of  the  town. 
A  town  which  for  one  year  refuses  or  neglects  to  comply  with 
the  requirements  of  this  section  shall  forfeit  not  less  than  five 
hundred  nor  more  than  one  thousand  dollars,  to  be  paid,  appor- 
tioned, and  appropriated  as  provided  in  sections  nineteen  and 
twenty. 

In  accordance  with  the  provision  of  section  46  it  is  the  duty 
of  the  school  committee  of  a  town  to  keep  the  school-houses  in 
a  good  condition  for  the  convenience,  comfort,  and  health  of 
the  children  and  their  teachers.  This  implies  that  the  school- 
houses  are  provided  with  a  good  site  and  situation  ;  that  they 
are  furnished  with  proper  heating  and  ventilation  ;  that  they  are 
constructed  so  that  the  rooms  shall  have  an  abundance  of  light 
falling  properly  on  the  eyes  of  the  children,  and  that  they  shall 
be  of  proper  size  to  accommodate  all  who  may  rightfully  occupy 
them  . 

SANITARY  CONDITION  or  SCHOOL-HOUSES. 

Chapter  149  of  the  Acts  of  1888  provides  :  - 

1.  Every  public  building  and  every  school-house  shall  be  kept  in 
a  cleanly  state  and  free  from  effluvia  arising  from  any  drain,  privy  or 
other  nuisance,  and  shall  be  provided  with  a  sufficient  number  of 
proper  water  closets,  earth  closets,  or  privies  for  the  reasonable  use 
of  the  persons  admitted  to  such  public  building  or  of  the  pupils 
attending  such  school-house. 


OF   MASSACHUSETTS.  45 

2.  Every  public  building  and  every  school-house  shall  be  venti- 
lated in  such  a  proper  manner  that  the  air  shall  not  become  so  ex- 
hausted as  to  be  injurious  to  the  health  of  the  persons  present  therein. 
The  provisions  of   this  section  and  the    preceding   section  shall  be 
enforced  by  the  inspection  department  of  the  district  police  force. 

3.  Whenever  it  shall  appear  to  an  inspector  of  factories  and  pub- 
lic buildings  that  further  or  different  sanitary  provisions  or  means  of 
ventilation  are    required  in  any  public   building  or  school-house  in 
order  to  conform  to  the  requirements  of  this  act,  and  that  the  same 
can  be  provided  without   incurring   unreasonable  expense,  such  in- 
spector may  issue  a  written  order  to  the  proper  person  or  authority 
directing  such  sanitary  provisions  or  means  of  ventilation  to  be  pro- 
vided, and  they  shall  thereupon  be  provided  in  accordance  with  such 
order  by  the  public  authority,  corporation  or  person  having  charge  of, 
owning  or  leasing  such  public  building  or  school-house. 

4.  Any  school   committee,  public   officer,  corporation  or  person 
neglecting  for  four  weeks  after  the  receipt  of  an  order  from  an  in- 
spector, as  provided  in  the  preceding  section,  to  provide  the  sanitary 
provisions  or  means  of  ventilation  required  thereby  shall  be  punished 
by  fine  not  exceeding  one  hundred  dollars. 

">.  The  expression  "  public  building"  used  in  this  act  means  any 
building  or  premises  used  as  a  place  of  public  entertainment,  instruc- 
tion, resort  or  assemblage.  The  expression  "school-house"  means 
any  building  or  premises  in  which  public  or  private  instruction  is 
afforded  to  not  less  than  ten  pupils  at  one  time. 

LOCATION  OF  SCHOOL-HOUSES. 
SECT.  47.     A  toAvn,  at  a  meeting  legally  called  for  the  pur-   Location  of 

school-houses. 

pose,  may   determine  the   location  of  its  school-houses,   and   G.  s.  38,  §  37. 
.  adopt  all  necessary  measures  to  purchase  and  procure  land  for   J^7  Mass.'!.06' 
the  accommodation  thereof. 

TAKING  LAND  FOR  SCHOOL-HOUSES. 

SECT.  48.    When  land  has  been  designated  by  a  town,  or  by   |^t°nfory  be 
a  school  district  or  those   acting  under  its   authority,  or  has   school-house 
been  determined  upon  by  the  selectmen  of  a  town,  as  a  suitable   e°c8' 
place  for  the  erection  of  a  school-house  and  necessary  build-   ^Gray^u!' 
ings,  or  for  enlarging  a  school-house  or  school-house  lot,  the   10  Gray,  40. 
selectmen  may  proceed  to  select,  at  their  discretion,  and  to   102  Mass.  512. 
lay  out  a  school-house  lot  or  an  enlargement  thereof,  and  to 
appraise  the  damages  to  the  owner  of  such  land  in  the  manner 
provided  for  laying  out  town  ways  and  appraising  damages 
sustained  thereby ;  and  upon  the  approval  and  adoption  by  the 
town  of  such  selection  and  laying  out  of  such  lot,  or  of  any 
enlargement  thereof,  the  land  shall  be  taken,  held,  and  used 
for  such  purpose.     But  no  lot  so  taken  or  enlarged  shall  exceed 
in  the  whole  eighty  square  rods,  exclusive  of  the  land  occupied 
by  the  school  buildings. 


46 


SCHOOL    LAWS 


Owner  of  land 
may  have 
jury.    Pro- 
ceedings. 
Damages  and 
costs. 

G.  S.  38,  §  39. 
2  Gray,  414. 
109  Mass.  225. 


Committee  of 
town  not  dis- 
tricted to  have 
charge  of 
school-houses. 
G.  8.  38,  §  40. 


Provisions  of 
chapter  to  ap- 
ply to  cities, 
except,  etc. 
G.  S.  38,  §  41. 


SECT.  49.  When  the  owner  feels  aggrieved  by  the  laying 
out  or  enlargement  of  such  lot,  or  by  the  award  of  damages, 
he  may,  upon  application  therefor  in  writing  to  the  county 
commissioners  within  one  year  thereafter,  have  the  matter  of 
his  complaint  tried  by  a  jury,  and  the  jury  may  change  the 
location  of  such  lot  or  enlargement,  and  assess  damages  there- 
for. The  proceedings  shall  in  all  respects  be  conducted  in  the 
manner  provided  in  cases  of  damages  by  laying  out  highways. 
If  the  damages  are  increased  or  the  location  changed  by  the 
jury,  the  damages  and  all  charges  shall  be  paid  by  the  town ; 
otherwise  the  charges  arising  on  such  application  shall  be  paid 
by  the  applicant.  The  land  so  taken  shall  be  held  and  used  for 
no  other  purpose  than  that  contemplated  by  this  chapter,  and 
shall  revert  to  the  owner,  his  heirs  or  assigns,  upon  the  discon- 
tinuance there,  for  one  year,  of  such  school  as  is  required  by 
law  to  be  kept  by  the  town. 

USE  OF  SCHOOL-HOUSES. 

SECT.  50.  The  school  committee  of  'a  town  in  which  the 
school  district  system  does  not  exist  shall  have  the  general 
charge  and  superintendence  of  the  school-houses  therein,  so 
far  as  relates  to  the  uses  to  which  the  same  may  be  appro- 
priated. 

SECT.  51.  Except  as  may  be  otherwise  provided  in  their 
respective  charters  or  in  acts  in  amendment  thereof,  the  pro- 
visions of  this  chapter,  so  far  as  applicable,  shall  apply  to 
cities. 


CHAPTER  46. 
OF   SCHOOL  REGISTERS   AND   RETURNS. 


SECTION 

1.  Town  clerks  to  deliver  registers,  etc., 
to  school  committee. 

2.  If  not  received. 

3.  Duties  of  school  committee  as  to  per- 
sons between  five  and  fifteen. 

4.  Penalty  for  withholding  information 
from  committee,  etc. 

5.  School  committee  to  certify  number 
of  children,  sums  raised  for  schools, 
etc. 

6.  Registers  to  be  kept;  returns. 

7.  In  returns,  twenty  days  or  forty  half- 
days  to  be  counted  as  one  month. 


SECTION 

8.  Committee's  report;    to  whom  sent; 
where  deposited ;  to  be  printed. 

9.  When  report  is  not  made. 

10.  When  informal,  etc. 

11.  Penalty  for  neglect  or  for  informal, 
etc.,  report. 

12.  Reports,  etc.,  of  board  of  education, 
how  received,  delivered,  and  for  what 
purpose.    In  whom  property  of. 

13.  Who  to  sign  reports. 

14.  Penalty  on  committee  for  neglect  in 
returns,  etc. 

15.  Registers,   how  kept.    Teachers  not 
to  draw  pay  until  return  of  register. 


Town  clerks  SECTION  1.  The  clerks  of  the  several  cities  and  towns,  upon 
receiving  from  the  secretary  of  the  board  of  education  the 
school  registers  and  blank  forms  of  inquiry  for  school  returns, 

G.  S.  40,  §1.  shall  deliver  them  to  the  school  committee  of  such  cities  and 
towns, 


OF    MASSACHUSETTS.  47 

SECT.  2.    If  a  school  committee  fails  to  receive  such  blank  if  not  re- 
forms of  return  on  or  before  the  last  day  of  March,  they  shall  G-.  s.  40,  §  2. 
forthwith  notify  the  secretary  of  the  board  of  education,  who 
shall  transmit  such  forms  as  soon  as  may  be. 

SECT.  3.     The    school    committee    shall    annuaHy,  in    the  School  corn- 
month  of  May,  ascertain  or  cause  to  be  ascertained  the  names  "JScord  oSi! 
and  ages  of  all  persons  between  the  ages  of  five  and  fifteen  childreu  be- 
years  belonging  to  their  respective  cities  and  towns  on  the  first  five  and  fif- 
day  of  May,  and  shall  make  a  record  thereof.  1874,' 303,  §  i. 

SECT.  4.     Whoever,  having  under  his  control  a  child  between  Penalty  for 

the  ages  of  eight  and  fourteen  years,  withholds  information  in  information 

his  possession  sought  by  a  school  committee  or  its  agents  for  *rom  commit- 

the  purposes  of  the  preceding  section,  or  falsifies  in  regard  to  1879,  21. 
the  same,  shall   be   punished  by  fine  not  exceeding  twenty 
dollars,  or  by  imprisonment  not  exceeding  thirty  days. 

FORM  OF  CERTIFICATE. 

SECT.  5.    The  school  committee  shall  annually,  on  or  before  School  com- 

the  last  day  of  the  following  April,  certify  under  oath  the  «fy  numbed" 

numbers  so  ascertained  and  recorded,  and  the  sum  raised  by  °,f  children, 

•     also  sum 

their  city  or  town  for  the  support  of  schools  during  the  preced-   raised  for 
ing  school  year,  including  only  wages  and  board  of  teachers,   school's.  ° 
fuel  for  the  schools,  and  care  of  the  fires  and  school-rooms ;    18'4>  303)  § 2- 
and  they  shall  transmit  such  certificate  to  the  secretary  of  the 
board  of  education.     The  form  of  such  certificate  shall  be  as 
follows  :  to  wit,  — 

We,  the  school  committee  of        ,  do  certify  that  on  the  first  Form  of  cer- 
day  of  May,  in  the  year  ,  there  were  belonging  to  said   tificate. 

town  [or  city]  the  number  of  persons  between  the  ages 

of  live  and  fifteen ;  and  we  further  certify  that  said  town  [or 
city]  raised  the  sum  of  dollars  for  the  support  of  public 

schools  for  the  preceding  school  year,  including  only  the  wages 
and  board  of  teachers,  fuel  for  the  schools,  and  care  of  fires 
and  school-rooms,  and  that  said  town  [or  city]  maintained, 
during  said  year,  each  of  the  schools  required  to  be  kept  by 
section  one  of  chapter  forty-four  of  the  Public  Statutes  for  a 
period  not  less  than  six  months ;  and  we  further  certify  that 
said  town  [or  city]  maintained  during  said  year  school 

for  the  benefit  of  all  the  inhabitants  of  the  town  [or  city] ,  as 
required  by  section  two  of  chapter  forty-four  of  the  Public 
Statutes  for  months  and  days. 

>  School  Committee. 

,  88. 

On  this  day  of  ,  personally  appeared  the  above- 

named  school   committee  of  ,  and  made  oath   that  the 

above  certificate  by  them  subscribed  is  true. 
Before  me, 

Justice  of  the  Peace. 

No  more  important  duty  is  laid  upon  the  school  committees 
than  the  one  prescribed  by  the  fifth  section  of  this  chapter.  If 
properly  discharged,  two  results  will  follow  :  First,  the  census 


48 


SCHOOL    LAWS 


will  be  likely  to  be  full  and  accurate  ;  and  second,  the  committees 
who  are  charged  with  the  duty  of  enforcing,  through  the  aid  of 
the  truant  officers,  the  laws  relating  to  school  attendance,  will 
have  in  their  own  hands  a  complete  knowledge  of  the  persons 
and  facts,  necessary  to  the  proper  discharge  of  their  duties. 


Registers  and 

returns. 

G.  S.40,  §  5. 


In  returns, 
twenty  days 
or  forty  half- 
days  counted 
as  one  month. 
1865,  142,  §  3. 


SCHOOL  REGISTERS. 

SECT.  6.  The  school  committee  shall  cause  the  school  regis- 
ters to  be  faithfully  kept  in  all  the  public  schools,  and  shall 
annually,  on  or  before  the  last  day  of  April,  return  the  blank 
forms  of  inquiry,  duly  filled  up,  to  the  secretary  of  the  board 
of  education ;  and  shall  also  specify  in  said  returns  the  purposes 
to  which  the  money  received  by  their  town  or  city  from  the 
income  of  the  school  fund  has  been  appropriated. 

SECT.  7.  In  such  returns,  twenty  days  or  forty  half-days  of 
actual  session  shall  be  counted  as  one  month. 


The  enactment  requiring  registers  to  be  kept  in  schools  was 
made  for  the  purpose  of  securing  full  and  accurate  statistics 
concerning  the  schools  of  the  Commonwealth,  so  that  suitable 
measures  might.be,  from  time  to  time,  adopted  by  legislation 
and  otherwise,  to  supply  defects  in,  and  increase  the  benefits 
derived  from,  our  common  schools. 

"Neither  the  school  committee  nor  the  town  have  power 
to  dispense  with  the  proper  keeping  of  a  school  register." 
2  Allen,  592. 

PRINTED  SCHOOL  REPORTS. 

SECT.  8.  The  school  committee  shall  annually  make  a  de- 
tailed report  of  the  condition  of  the  several  public  schools, 
which  report  shall  contain  such  statements  and  suggestions  in 
relation  to  the  schools  as  the  committee  deem  necessary  or 
proper  to  promote  the  interests  thereof.  The  committee  shall 
cause  said  report  to  be  printed,  for  the  use  of  the  inhabitants, 
in  octavo,  pamphlet  form,  of  the  size  of  the  annual  reports  of 
the  board  of  education,  and  transmit  two  copies  thereof  to  the 
secretary  of  said  board  on  or  before  the  last  day  of  April,  and 
shall  deposit  one  copy  in  the  office  of  the  clerk  of  the  city  or 
town. 

SECT.  9.  When  a  school  committee  fails  to  make  within 
the  prescribed  time  either  the  returns  or  the  report  required  of 
them  by  law,  the  secretary  of  the  board  of  education  shall 
forthwith  notify  such  committee,  or  the  clerk  of  the  city  or 
town,  of  such  failure ;  and  the  committee  or  clerk  shall  imme- 
diately cause  the  same  to  be  transmitted  to  the  secretary. 


Committee's 
report;  to 
whom  sent; 
where  depos- 
ited ;  to  be 
printed. 
G.  S.  40,  §  6. 
11  Gray,  340. 
101  Mass.  142. 


When  report 
is  not  made. 
G.  S.  40,  §  7. 


See  chap.  43,  sect.  5  ;  chap.  46,  sect.  11 ;  chap.  46,  sect.  14, 


OF    MASSACHUSETTS.  49 


INCORRECT  RETURNS. 

SECT.  10.    If  a  report  or  return  is  found  to  be  informal  or    when  infor- 
incorrect,  the  secretary  shall  forthwith  return  the  same,  with  a    G^S.^O',  §  8. 
statement  of  all  deficiencies  therein,  to  the  committee  for  its 
further  action. 

PENALTY  FOR  FAILURE  TO  MAKE  RETURNS. 

SECT.  11.  The  returns  or  reports  of  a  city  or  town  so  re-  Penalty  for 
turned  by  the  secretary  for  correction,  or  which  have  not  J^JJ 
readied  his  office  within  the  time  prescribed  by  law,  shall  be  Qpyrt;0 
received  by  him  if  returned  during  the  month  of  May ;  but  in 
all  such  cases  ten  per  cent,  shall  be  deducted  from  the  income 
of  the  school  fund  which  such  city  or  town  would  have  been 
otherwise  entitled  to.  If  such  returns  or  reports  fail  to  reach 
his  office  before  the  first  day  of  June,  then  the  whole  of  such 
city  or  town's  share  of  the  income  shall  be  retained  by  the 
treasurer  of  the  commonwealth ;  and  the  amount  so  retained, 
as  well  as  the  ten  per  cent,  when  deducted,  shall  be  added  to 
the  principal  of  the  school  fund.  And  such  city  or  town  shall 
in  addition  thereto  forfeit  not  less  than  one  hundred  nor  more 
than  two  hundred  dollars;  but  if  said  returns  and  reports 
were'  duly  mailed  in  season  to  reach  said  office  within  the  time 
required  by  law,  then  the  city  or  town  frqm  which  they  were 
due  shall  be  exempt  from  the  forfeiture  otherwise  incurred. 

DISTRIBUTION  OF  REPORTS  OF  BOARD  OF  EDUCATION. 

SECT.  12.     The  clerk  of  each  city  and  town  shall  deliver  one   Reports,  etc., 
copy  of  the  reports  of  the  board  of  education  and  of  its  secre-   ^ucatioV^ 
tary  to  the  secretary  of  the  school  committee  of  the  city  or   how  received, 

,  „         .  ,    delivered,  and 

town,  to  be  by  him  preserved  for  the  use  ot  the  committee,  and   for  what  pur- 
transmitted  to  his  successor  in  office ;  and  two  additional  copies   T^whom 
of  said  reports,  for  the  use  of  said  committee ;  and  shall  de-   Pr°Pertv  be- 
liver  one  copy  of  said  reports  to  the  clerk  of  each  school  dis-   CK  8.  40,  §  10. 
trict,  to  be  by  him  deposited  in  the  school  district  library,  or,  if 
there  is  no  such  library,  carefully  kept  for  the  use  of  the  pru- 
dential  committee,  teachers,  and  inhabitants   of  the  district, 
during  his  continuance  in  office,  and  then  transmitted  to  his 
successor ;  and  in  case  the  city  or  town  is  not  districted,  said 
reports  shall  be  delivered  to  the  school  committee,  and  so  de- 
posited by  them  as  to  be  accessible  to  the  several  teachers  and 
to  the  citizens;   and  such  reports  shall  be  deemed  to  be  the 
property  of  the  city  or  town,  and  not  of  any  officer,  teacher,  or 
citizen  thereof. 


Special  attention  is  called  to  the  provisions  of  the  twelfth 
section. 


50 


SCHOOL   LAWS 


Who  to  sign 

reports. 

G.  8.  40,  §  11. 


Penalty  on 

committee 

for  neglect 

in  returns, 

etc. 

G.  8.  40,  §  12. 


Registers, 
how  kept. 
Teachers  not 
to  draw  pay 
until  return 
of  register. 
G.8.40,  §  13. 
2  Allen,  592. 


WHO  MAY  SIGN  RETURNS. 

SECT.  13.  When  the  school  committee  of  a  city  or  town  is 
not  less  than  thirteen  in  number,  the  chairman  and  secretary 
thereof  may,  in  behalf  of  the  committee,  sign  the  annual  school 
returns  and  the  certificate  required  by  sections  five  and  six. 

PENALTY  FOR  NEGLECT  OF  SCHOOL  COMMITTEE. 
SECT.  14.  A  city  or  town  which  has  forfeited  any  part  of  its 
portion  of  the  income  of  the  school  fund  through  the  failure  of 
the  school  committee  to  perform  their  duties  in  regard  to  the 
school  report  and  school  returns  may  withhold  the  compensa- 
tion of  the  committee. 

TEACHERS  TO  FAITHFULLY  KEEP  THE  REGISTERS. 
SECT.  15.  The  several  school  teachers  shall  faithfully  keep 
the  registers  furnished  to  them,  and  make  due  return  thereof 
to  the  school  committee,  or  to  such  person  as  they  may  desig- 
nate, and  no  teacher  shall  be  entitled  to  receive  payment  for 
services  until  the  register,  properly  filled  up  and  completed,  is 
so  returned. 


Every  good  teacher  will  perform  all  the  labor  required  by 
the  fifteenth  section,  even  though  he  has  no  pecuniary  interest 
therein.  It  is  feared  that  teachers  often  receive  payment  for 
their  services,  when  the  register  has  not  been  "  properly  filled 
up  and  returned."  Committees  will  be  justified  in  exacting  a 
careful  and  faithful  performance  of  the  duty. 


CHAPTER    47. 
OF  THE   ATTENDANCE   OF   CHILDREN  IN  THE    SCHOOLS. 


SECTION 

1.  Every  person  having  control  of  chil- 
dren between  eight  and  fourteen  years 
old  to  cause  same  to  attend  school. 
Penalty  for  neglect.    Excuses  for  neg- 
lect. 

2.  What  private  schools  may  be  approved 
under  preceding  section. 

3.  Truant  officers  and  school  committee 
to  inquire  and  prosecute. 

4.  All  children  may  attend  where  they 
reside. 

5.  School  committee  to  regulate  admis- 
sion, etc.,  to  high  school. 

6.  Children    may    attend    in    adjoining 


SECTION 

town,  and  committee  pay  for  instruc- 
tion. 

7.  Wards  may  attend  where  guardian 
resides. 

8.  Children  may  attend  in  other  towns 
than  place  of  parents'  residence,  and 
parents  pay,  etc. 

9.  not  to  attend  unless  vaccinated. 

10.  Race,  etc.,  not  to  exclude. 

11.  Teachers  and   school    committee    to 
state  grounds  of  exclusion. 

12.  Damages  for  exclusion,  how  recov- 
ered. 

13.  Interrogatories  to  committee,  etc. 


OF   MASSACHUSETTS.  51 

CHILDREN    BETWEEN   EIGHT    AND   FOURTEEN   YEARS   MUST 

ATTEND   SCHOOL. 
SECTION  1.     Every  person  having  under  his  control  a  child   Every  person 

having  control 

between  the  ages  of  eight  and  tourteen  years  shall  annually   of  children 
cause  such  child  to  attend  for  at  least  twenty  weeks  some  pub-   and^om-tee?' 
lie  day  school  in  the  city  or  town  in  which  he  resides,  which   y|J™  °J^>  to 
time  shall  be  divided  so  far  as  the  arrangement  of  school  terms   attend  school 
will  allow  into  two  terms  each  of  ten  consecutive  weeks;  and   etc.6'1 
for  every  neglect  of  such  duty  the  person  offending  shall  for-   STS,"  tro .Vi. 
feit  to  the  use  of  the  public  schools  of  such  city  or  town  a  sum   1874»  233»  §  *• 
not  exceeding  twenty  dollars ;  but  if  the  person  so  neglecting 
was   not  able,  by  reason  of  poverty,  to    send  such  child  to 
school,  or  if  such  child  has  attended  for  a  like  period  of  time  a 
private  day  school  approved  by  the  school  committee  of  such 
city  or  town  or  is  regularly  attending  a  public  or  private  day 
school  known  as  a  half-time  school,  also  approved  by  them,  or 
if  such  child  has  been  otherwise  furnished  for  a  like  period  of 
time  with  the  means  of  education,  or  has  already  acquired  the 
branches  of  learning  taught  in  the  public  schools,  or  if  his 
physical  or  mental  condition  is  such  as  to  render  such  attend- 
ance inexpedient  or  impracticable,  such  penalty  shall  not  be 
incurred. 

By  the  act  of  1642  the  selectmen  of  every  town  were  in- 
structed to  have  a  vigilant  eye  over  their  brethren  and  neigh- 
bors, to  see  that  none  of  them  shall  suffer  so  much  barbarism  in 
any  of  their  families  as  not  to  endeavor  to  teach,  by  themselves 
or  others,  their  children  and  apprentices  so  much  learning  as 
may  enable  them  to  read  the  English  tongue,  and  a  knowledge 
of  the  capital  laws. 

Section  1  of  this  chapter  is  a  reproduction  of  the  act  of 
1642.  It  is  the  policy  of  the  Commonwealth  to  offer  to  every 
child  the  advantages  of  a  good  education.  It  is  supposed  that 
every  parent  or  guardian  will  voluntarily  accept  the  offer.  The 
nature  of  our  institutions  and  the  relation  that  every  individual 
holds  to  them,  render  universal  education  a  necessity.  But  if 
in  any  case  the  offer  is  not  accepted,  nor  the  necessity  perceived, 
then  the  school  authorities  must  take  advantage  of  our  compul- 
sory law.  Every  child  must  be  in  school  for  at  least  twenty 
weeks  of  the  year,  from  the  time  he  is  eight  until  he  reaches  the 
age  of  fourteen  years.  It  is  not  to  be  assumed,  however,  that 
the  legal  rights  of  children  are  limited  by  the  statutes  in  regard 
to  the  time  of  attendance.  The  school  committees  have  authority 
vested  in  them  of  admitting  pupils  to  the  schools  before  they 


52  SCHOOL    LAWS 

are  eight  and  after  they  are  fourteen  years  of  age.  But  it  is  the 
imperative  duty  of  the  truant  officers  of  a  town,  acting  under 
instructions  from  the  school  committees,  to  secure  the  attend- 
ance of  all  children  between  the  ages  of  eight  and  fourteen 
years  upon  some  approved  school  for  at  least  twenty  weeks  in 
every  year. 

WHEN  PRIVATE  SCHOOLS  MAY  BE  APPROVED. 

What  private       SECT.  2.     For  the  purposes  of  the  preceding  section  school 

schools  may  .  . 

be  approved      committees   shall   approve   a  private   school   only   when  the 
ceSngsection".   teaching  therein  is  in  the  English  language,  and  when  they  are 
1878*  IT?'    l'     satisned  that  sucn  teaching  equals  in  thoroughness  and  effi- 
ciency the  teaching  in  the  public  schools  in  the  same  locality, 
and  that  equal  progress  is  made  by  the  pupils  therein,  in  the 
studies  required  by  law,  with  that  made  during  the  same  time 
in  the  public  schools ;  but  they  shall  not  refuse  to  approve  a 
private  school  on  account  of  the  religious  teaching  therein. 

If  in  any  town  there  are  children  not  in  the  public  schools, 
it  is  the  duty  of  the  school  committee  to  assure  themselves 
that  these  children  are  receiving  instruction  of  the  right  kind, 
and  equal  in  value  to  that  given  in  the  public  schools. 

DUTY  OF  TRUANT  OFFICERS  AND  COMMITTEES. 

Truant  offi-  SECT.  3.     The  truant  officers  and  the  school  committee  of  the 

inquire  into       several  cities  and  towns  shall  vigilantly  inquire  into  all  cases 

tk>8n,8p°rfo™la~   of  neglect  of  the  duty  prescribed  in  section  one,  and  ascertain 

Jutardlction      the  reasons> if  anv>  therefor ;  and  such  truant  officers,  or  any 

of  courts  and     of  them,  shall,  when  so  directed  by  the   school  committee, 

ISTS^ITQ,  §  2.     prosecute,  in  the  name  of  the  city  or  town,  any  person  liable  to 

187?'  in'  1 6*     the  penalty  provided    for  in   said  section.    Police,    district, 

and  municipal  courts,  trial  justices,  and  judges  of  the  probate 

court,  shall  have  jurisdiction  within  their  respective  counties 

of  the  offences  described  in  section  one. 


WHERE  CHILDREN  MAY  ATTEND  SCHOOL. 

Children  to  SECT.  4.    All  children  within  the  commonwealth  may  attend 

the^ reside.       the  public  schools  in  the  place  in  which  they  have  their  legal 
G.  s.  41,  §  3.      resi(jence?  subject  to  the  regulations  prescribed  by  law. 


ADMISSION  TO  HIGH  SCHOOL. 

Admission  to         SECT.  5.     The  school  committee  shall  determine  the  number 
how  regu°  '      and  qualifications  of  the  scholars  to  be  admitted  into  the  high 


OF   MASSACHUSETTS.  53 

WHEN  CHILDREN  MAY  ATTEND  IN  ADJOINING  TOWN. 

SECT.  6.     Children  living  remote  from  any  public  school  in   children  may 
the  town  in  which  they  reside  may  be  allowed  to  attend  the 


public  schools  in  an  adjoining  town,  under  such  regulations   anfl  com- 

mittee  pay  for 

and  on  such  terms  as  the  school  committees  of  the  said  towns   instruction. 
agree  upon  and  prescribe ;  and  the  school  committee  of  the      ' 
town  in  which  such  children  reside  shall  pay  the  sum  agreed 
upon  out  of  the  appropriations  of  money  raised  in  said  town 
for  the  support  of  schools. 

The  right  of  children  living  in  one  town  to  attend  school 
in  an  adjoining  one,  is  not  a  right  that  can  be  exercised  freely, 
but  is  subject  to  the  consent  of  the  committee  of  the  town  to 
which  the  children  belong,  based  upon  an  agreement  between 
the  committees  of  the  two  towns  concerned.  Nor  can  a  town 
in  it's  corporate  capacity  take  action  in  the  matter.  A  custom 
has  prevailed  to  some  extent,  of  allowing  certain  individuals 
named  in  the  warrant,  and  in  the  vote  of  the  town,  to  draw 
their  proportion  of  school  money,  and  pay  the  same  to  an 
adjoining  town.  This  course  is  illegal. 

See  8  Gush.  66,  and  12  Pick.  206. 

MINOR   MAY   ATTEND  WHERE   GUARDIAN   RESIDES. 

SECT.  7.     Any  minor  under  guardianship,  whose  father  has  Wards,  where 

died,  may  attend  the  public  schools  of  the  city  or  town  of  <jf6.a4itl§6. 
which  his  guardian  is  an  inhabitant. 

SECT.  8.     Children  may,  with  the  consent  of  the  school  com-  children  may 

mittee  first  obtained,  attend  school  in  cities  and  towns  other  JSJns  than*16' 

than  those  in  which  their  parents  or  guardians  reside:    but  place  of  par- 
ents resi- 
wlicn  a  child  resides  in  a  city  or  town  different  from  that  of  the   dence,  and 

residence  of  the  parent  or  guardian  for  the  sole  purpose  of   et^60 
attending  school  there,  the  parent  or  guardian  of  such  child   ig^f'ilje  §  2" 
shall   be  liable  to  pay  such  city  or  town,  for  tuition,  a  sum   ioa  Mass.  104. 
equal  to  the  average  expense  per  scholar  for  such  school  for 
the  period  during  which  the  child  so  attends. 

Towns  and  cities  are  not  authorized  by  law  to  open  their 
schools  to  children  whose  parents  or  guardians  reside  in  another 
State ;  and  if  they  do  so,  no  promise,  express  or  implied,  of  the 
parents  or  guardians,  to  pay  for  the  tuition,  can  be  enforced. 

PUPILS    MUST   BE   VACCINATED. 

SECT.  9.     The  school  committee  shall  not  allow  a  child  who   children  to  be 
has  not  been  duly  vaccinated  to  be  admitted  to  or  connected   <j.cg1.n4i1e§  s. 
with  the  public  schools. 


54  SCHOOL  LAWS 

CONTAGIOUS  DISEASES. 

Chapter  198  of  the  Acts  of  1885  provides  that  the  school 
committees  shall  not  allow  any  pupil  to  attend  the  public 
schools  while  any  member  of  the  household  to  which  such 
pupil  belongs  is  sick  of  small-pox,  diphtheria  or  scarlet-fever, 
or  during  a  period  of  two  weeks  after  the  death,  recovery  or 
removal  of  such  sick  person ;  and  any  pupil  coming  from  such 
household  shall  be  required  to  present,  to  the  teacher  of  the 
school  the  pupil  desires  to  attend,  a  certificate,  from  the  attend- 
ing physician  or  board  of  health,  of  the  facts  necessary  to  en- 
title him  to  admission  in  accordance  with  the  above  regulation. 

COLOR,   ETC.,   NOT   TO   EXCLUDE. 

Color,  etc  ,  SECT.  10.     No  person  shall  be  excluded  from  a  public  school 

notto  exclude.  .    . 

G.  s.  41,  §  9.      on  account  of  the  race,  color,  or  religious  opinions  ot  the  ap- 

12  Allen,  127.      pHcant  Qr  scholar. 

REASONS  TO  BE  GIVEN  FOR  EXCLUSION. 

Teachers,  SECT.  11.    Every  member  of  the  school  committee  under 

grounds  of        whose  directions  a  child  is  excluded  from  a  public  school,  and 

cus!  4i,n§  10.    every  teacher  of  such  school  from  which  a  child  is  excluded, 

shall,  on  application  by  the  parent  or  guardian  of  such  child, 

state  in  writing  the  grounds  and  reason  of  the  exclusion. 

DAMAGES  FOR  UNLAWFUL  EXCLUSION. 

Damages  for  SECT.  12.  A  child  unlawfully  excluded  from  a  public  school 
G.  8.41,  §11.  may  recover  damages  therefor  in  an  action  of  tort,  to  be 
fcu^h.'S'  brought  in  the  name  of  such  child  by  his  guardian  or  next 
7  friena>  against  the  city  or  town  by  which  such  school  is  sup- 
ported. 

Interrogate-          SECT.  13.     The  plaintiff  in  such  action  may,  by  filing  inter- 
nalttee,Cet£"       rogatories  for  discovery,  examine  any  member  of  the  school 
G.  S.  41,  §  12.    oommittee?  or  any  other  officer  of  the  defendant  city  or  town 
as  if  he  were  a  party  to  the  suit. 

The  reasons  for  which  a  child  may  be  excluded  absolutely 
from  school,  neither  are  nor  can  be  expressed  in  the  law. 
Committees  are  responsible  for  the  exercise  of  a  sound  discre- 
tion. 

"  The  school  committee  of  a  city  or  town  have  power,  under 
the  laws  of  this  Commonwealth,  in  order  to  maintain  the  purity 
and  discipline  of  the  public  schools,  to  exclude  therefrom  a 
child  whom  they  deem  to  be  of  a  licentious  and  immoral  char- 


OF    MASSACHUSETTS. 


55 


acter,  although  such  character  is  not  manifested  by  any  acts  of 
licentiousness  or  immorality  within  the  school."  8  Gush.  160. 

The  rule  is  this :  The  committees  have  power  to  protect 
the  schools  from  the  presence  of  any  one  whose  influence  would 
be  injurious  to  the  whole,  and  subversive  of  the  purposes  man- 
ifestly contemplated  by  their  establishment. 

A  teacher  may  suspend  a  pupil,  but  he  has  no  authority  to 
expel.  After  suspension,  the  case  should  be  referred  at  once 
to  the  school  committee  for  their  action. 


CHAPTER  48. 

OF  THE  EMPLOYMENT  OF  CHILDREN,  AND  REGULATIONS  RESPECTING 

THEM. 


SCHOOLING  AND  LIMIT  OF  LABOR  OF 
CHILDREN  EMPLOYED  IN  MANUFACTO- 
RIES, ETC. 

SECTION 

7.  Penalty  for  employment  of  children 
under   fourteen    years,  while  public 
schools    are   in   session,  unless  they 
can  read  and  write. 

8.  Children  under  fifteen  years  not  to  be 
employed  in   circus,  etc.    Penalties. 
Proviso  as  to  education  of  children 
in  music,  etc. 

9.  License  not  to  be  granted  to  public 
show  in  which  children  under  fifteen 
years  of  age  are  employed. 

TRUANT   CHILDREN    AND   ABSENTEES  FROM 
SCHOOL. 

10.  Towhs    may    make    provisions    con- 
cerning habitual  truants,  etc. 

11.  Truant   officers  to  be  appointed    by 
school  committees. 

12.  Children   convicted  of  being  truants, 
etc.,  may  be  committed  for  two  years 
to  institutions  provided  therefor. 

13.  Jurisdiction. 

14.  County    truant  schools    and    union 
county    truant    schools,  how    estab- 
lished, etc. 

15.  Towns  may  assign  truant  schools  or 
state  primary  school  as  places  of  con- 
finement of  truants,  etc. 

16.  Children     committed     may    be    dis- 
charged. 

17.  School  committees  to  report  whether 
the    required    provisions,    etc.,    have 
been  uiade  for  truants. 


CARE    AND    EDUCATION   OF    NEGLECTED 

CHILDREN. 
SECTION 

18.  Towns  to  make  provisions  for  care, 
etc.,  of  neglected  children  under  six- 
teen years. 

19.  to  appoint  persons  to  make  com- 
plaints. 

20.  Children  under  sixteen  years  grow- 
ing    up    without     education,     etc., 
may  be    committed    to    institutions, 
etc. 

21.  Children    may  be    discharged    when 
parents  or  others  can  or  will  properly 
take  care  of  them. 

CARE      AND      PROTECTION     OF     DESTITUTE, 
ABANDONED,   AND    ABUSED    CHILDREN. 

22.  Massachusetts  Society  for  Prevention 
of  Cruelty  to  Children  may  be  ap- 
pointed guardian    of    abandoned    or 
neglected  children. 

23.  may  receive  charge  of  children  un-' 
der    fourteen    years    from    parents, 
etc. 

24.  may  be  given  custody  of  deserted 
children    under    five  years  on  com- 
plaint to  court,  etc. 

25.  not  obliged  to  receive  any  child. 

26.  Hampden     County    Children's    Aid 
Association  may  have  like  privileges* 
etc. 

27.  Powers  of  the  state  board  of  health, 
etc.,  not  limited  by  five  preceding  sec- 
tions. 


56  SCHOOL   LAWS 

The  following  law  relative  to  the  employment    of  children 
forms  chapter  348  of  the  Acts  of  1888  :  - 

AN  ACT 

IN  RELATION  TO  THE   EMPLOYMENT   OF  CHILDREN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General  Court  assembled 
and  by  the  authority  of  the  same,  as  follows : 

No  CHILD  UNDER  THIRTEEN  TO  BE  EMPLOYED. 

1.  No  child  under  thirteen  years  of  age  shall  be  employed  at  any  time  in 
any  factory,  workshop  or  mercantile  establishment.     No  such  child  shall  be 
employed  in  any  indoor  work,  performed  for  wages  or  other  compensation, 
to  whomsoever  payable,  during  the  hours  when  the  public  schools  of  the 
city  or  town  in  which  he  resides  are  in  session,  or  shall  be  employed  in  any 
manner  during  such  hours  unless  during  the  year  next  preceding   such 
employment  he  has  attended  school  for  at  least  twenty  weeks  as  required 
by  law. 

WHEN  CHILDREN  UNDER  FOURTEEN  MAY  BE  EMPLOYED. 

2.  No  child  under  fourteen  years  of  age  shall  be  employed  in  any  man- 
ner before  the  hour  of  six  o'clock  in  the  morning  or  after  the  hour  of  seven 
o'clock  in  the  evening.     No  such  child  shall  be  employed  in  any  factory, 
workshop  or  mercantile  establishment,  except  during  the  vacation  of  the 
public  schools  in  the  city  or  town  where  he  resides,  unless  the  person  or 
corporation  employing  him  procures  and  keeps  on  file   a  certificate  and 
employment  ticket  for  such  child  as  prescribed  by  section  four  of  this  act, 
and  no  such  child  shall  be  employed  in  any  indoor  work,  performed  for 
wages  or  other  compensation,  to  whomsoever  payable,  during  the  hours 
when  the  public  schools  of  such  city  or  town  are  in  session,  unless  as  afore- 
said, or  shall  be  employed  in  any  manner  during  such  hours  unless  during 
the  year  next  preceding  such  employment  he  has  attended  school  for  at 
least  twenty  weeks  as  required  by  law ;  and  such  employment   shall   not 
continue  in  any  case  beyond  the  time  when  such  certificate  expires.     The 
chief  of  the  district  police,  with  the  approval  of  the  governor,  shall  have 
authority  to  designate  any  kind  or  kinds  of  employment  in  factories,  work- 
shops or  mercantile  establishments  as  injurious  to  the  health  of  children 
under  fourteen  years  of  age  employed  therein,  and  after  one  week's  written 
notice  from  the  said  chief  to  the  employer  or  his  superintendent,  overseer 
or  other  agent  of  such  designation  no  such  child  shall  be  employed  in  any 
such  kind  or  kinds  of  employment  in  any  factory,  workshop  or  mercantile 
establishment. 

WHEN  CHILDREN  UNDER  SIXTEEN  MAY  BE  EMPLOYED. 

3.  No  child  under  sixteen  years  of  age  shall  be  employed  in  any  factory, 
workshop  or  mercantile  establishment  unless  the  person  or  corporation 
employing  him  procures  and  keeps  on  file  the  certificate  required  in  the 
case  of  such  child  by  the  following  section,  and  also  keeps  on  file  a  full  and 
complete  list  of  such  children  employed  therein. 


OF   MASSACHUSETTS.  57 

FORM  OF  CERTIFICATES. 

4.  The  certificate  of  a  child  under  fourteen  years  of  age  shall  not  be 
signed  until  he  presents  to  the  person  authorized  to  sign  the  same  an 
employment  ticket,  as  hereinafter  prescribed,  duly  filled  out  and  signed. 
The  certificate  and  the  employment  ticket  shall  be  separately  printed,  and 
shall  be  in  the  following  forms  respectively,  and  the  blanks  therein  shall  be 
filled  out  and  signed  as  indicated  by  the  words  in  brackets  :  — 

EMPLOYMENT  TICKET,  LAW  OF  1888. 

When  [name  of  child],  height  [feet  and  inches],  complexion  [fair  or 
dar.k],  hair  [color],  presents  a  certificate  duly  signed,  I  intend  to  employ 
[him  or  her]. 

[Signature  of  intending  employer  or  agent.] 

[Town  or  city  and  state.] 

AGE  AND  SCHOOLING  CERTIFICATE,  LAW  OF  1888. 

This  certifies  that  I  am  the  [father,  mother  or  guardian]  of  [name  of 
child],  and  that  [he  or  she]  was  born  at  [name  of  town  or  city],  in  the 
county  of  [name  of  county,  if  known],  and  state  [or  country]  of  [name], 
on  £he  [day  and  year  of  birth] ,  and  is  now  [number  of  years  and  months] 
old. 

[Signature  of  father,  mother  or  guardian.] 

[Town  or  city  and  date.] 

Then  personally  appeared  before  me  the  above  named  [name  of  person 
signing1]  and  made  oath  that  the  foregoing  certificate  by  [him  or  her]  signed 
is  true  to  the  best  of  [his  or  her]  knowledge  and  belief.  I  hereby  approve 
the  foregoing  certificate  of  [name  of  child],  height  [feet  and  inches],  com- 
plexion [fair  or  dark],  hair  [color],  having  no  sufticient  reason  to  doubt 
that  [he  or  she]  is  of  the  age  therein  certified. 

[Signature  of  person  authorized  to  sign,  with  official  character  or 
authority.] 

[Town  or  city  and  date.] 

In  ease  the  age  of  the  child  is  under  fourteen,  the  certificate  shall  continue 
as  follows,  after  the  word  "  certified  "  :  —  And  I  hereby  certify  that  [he  or 
she]  can  read  at  sight,  andean  write  legibly,  simple  sentences  in  the  English 
language,  and  that  [he  or  she]  has  attended  the  [name]  public  [or  private] 
day  school  according  to  law  for  [number  of  weeks,  which  must  be  at  least 
twenty]  weeks  during  the  year  next  preceding  this  date,  and  that  the  last 
twenty  weeks  of  such  attendance  began  [date].  This  certificate  expires 
[date,  one  year  later  than  above  date] . 

[Signature  of  the  person  authorized  to  sign,  w^ith  official  character  or 
authority.] 

If  attendance  has  been  at  a  private  school,  also  signature  of  a  teacher  of 
such  school,  followed  by  words,  —  certifying  to  school  attendance. 

[Town  or  city  and  date.] 

In  ease  a  child  cannot  read  and  write  as  above  stated,  the  following  may 
be  substituted  for  the  clause  beginning  "  and  I  hereby  certify  "  through  to 
and  including  the  word  u  language  "  :  "  and  I  hereby  certify  that  [he  or  she] 
is  a  regular  attendant  at  the  [name]  public  evening  school  "  ;  but  in  such  case 
the  certificate  shall  only  continue  in  force  for  as  long  a  time  as  attendance  of 
such  child  at  such  evening  school  is  endorsed  weekly  during  the  session  of 
such  evening  school,  not  exceeding  the  length  of  the  public  school  year 
minus  twenty  weeks  in  place  of  attendance  at  day  school  as  now  provided 
by  law,  with"  a  statement  from  a  teacher  thereof  certifying  that  his  attend- 
ance continues  regular.  If  attendance  has  been  at  a  half-time  school,  forty 
weeks  of  such  attendance  must  be  certified  to  instead  of  twenty.  The  fore- 


58  SCHOOL    LAWS 

going  certificate  must  be  filled  out  in  duplicate,  and  one  copy  thereof  shall 
be  kept  on  file  by  the  school  committee.  Any  explanatory  matter  may  be 
printed  with  such  certificate  in  the  discretion  of  the  school  committee  or 
superintendent  of  schools. 

WHO   SHALL   SIGN   CERTIFICATES. 

.5.  In  cities  and  towns  having  a  superintendent  of  schools,  said  certificate 
shall  be  signed  only  by  such  superintendent,  or  by  some  person  authorized 
by  him  in  writing ;  in  other  cities  and  towns  it  shall  be  signed  by  some 
member  or  members  of  the  school  committee  authorized  by  vote  thereof : 
provided,  however,  that  no  member  of  a  school  committee,  or  other  person 
authorized  as  aforesaid,  shall  have  authority  to  sign  such  certificate  for  any 
child  then  in,  or  about  to  enter,  his  own  employment,  or  the  employment  of 
a  firm  of  which  he  is  a  member,  or  of  a  corporation  of  which  he  is  an  officer 
or  employee.  The  person  signing  the  certificate  shall  have  authority  to 
administer  the  oath  provided  for  therein,  but  no  fee  shall  be  charged  there- 
for ;  such  oath  may  also  be  administered  by  any  justice  of  the  peace. 

WHO  MAY  SIGN  CERTIFICATES  OF  AGE. 

6.  The  certificate  as  to  the  birthplace  and  age  of  a  child  shall  be  signed 
by  his  father  if  living  and  a  resident  of  the  same  city  or  town  ;  if  not,  by  his 
mother ;  or  if  his  mother  is  not  living,  or  if  living  is  not  a  resident  of  the 
same  city  or  town,  by  his  guardian;  if  a  child  has  no  father,  mother  or 
guardian  living  in  the  same  city  or  town,  his  own  signature  to  the  certifi- 
cate may  be  accepted  by  the  person  authorized  to  approve  the  same. 

PROVISIONS  AS  TO  CORRECT  AGE. 

7.  No  child  who  has  been  continuously  a  resident  of  a  city  or  town  since 
reaching  the  age  of  thirteen  years  shall  be  entitled  to  receive  a  certificate 
that  he  has  reached  the  age  of  fourteen  unless  or  until  he  has   attended 
school  according  to  law  in  such  city  or  town  for  at  least  twenty  weeks  since 
reaching  the  age  of  thirteen,  unless  exempted  by  law  from  such  attendance. 
Before  signing  the  approval  of  the  certificate  of  age  of  a  child,  the  person 
authorized  to  sign  the  same  shall  refer  to  the  last  school  census  taken  under 
the  provisions  of  section  three  of  chapter  forty-six  of  the  Public  Statutes, 
and  if  the  name  of  such  child  is  found  thereon,  and  there  is  a  material  dif- 
ference between  his  age  as  given  therein  and  as  given  by  his  parent  or 
guardian  in  the  certificate,  allowing  for  lapse  of  time,  or  if  such  child  plainly 
appears  to  be  of  materially  less  age  than  that  so  given,  then  such  certificate 
shall  not  be  signed  until  a  copy  of  the  certificate  of  birth  or  of  baptism  of 
such  child,  or  a  copy  of  the  register  of  its  birth  with  a  town  or  city  clerk, 
has  been  produced,  or  other  satisfactory  evidence  furnished  that  such  child 

s  of  the  age  stated  in  the  certificate. 

DUTIES  OF  TRUANT  OFFICERS  AND  FACTORY  INSPECTORS. 

8.  The  truant  officers  may,  when  so  authorized  and  required  by  vote  of 
the  school  committee,  visit  the  factories,  workshops  and  mercantile  estab- 
lishments in  their  several   cities   and  towns,   and   ascertain  whether  any 


OF    MASSACHUSETTS.  59 

children  under  the  age  of  fourteen,  are  employed  therein  contrary  to  the 
provisions  of  this  act,  and  they  shall  report  any  cases  of  such  illegal 
employment  to  th^  school  committee  and  to  the  chief  of  the  district  police 
or  the  inspector  of  factories  for  the  district.  The  inspectors  of  factories, 
and  the  truant  officers  when  authorized  as  aforesaid,  may  demand  the 
names  of  all  children  under  sixteen  years  of  age  employed  in  such  factories, 
workshops  and  mercantile  establishments,  and  may  require  that  the  certifi- 
cates and  lists  of  such  children  provided  for  in  this  act  shall  be  produced 
for  their  inspection.  Such  truant  officers  shall  inquire  into  the  employment, 
otherwise  than  in  such  factories,  workshops  and  mercantile  establishments, 
of  children  under  the  age  of  fourteen  years,  during  the  hours  when  the 
public  schools  are  in  session,  and  may  require  that  the  aforesaid  certificates 
of  all  children  under  sixteen  shall  be  produced  for  their  inspection ;  and 
any  such  officer,  or  any  inspector  of  factories,  may  bring  a  prosecution 
against  a  person  or  corporation  employing  any  such  child,  otherwise  than 
as  aforesaid,  during  the  hours  when  the  public  schools  are  in  session,  con- 
trary to  the  provisions  of  this  act,  if  such  employment  still  continues  one 
week  after  written  notice  from  such  officer  or  inspector  that  such  prosecu- 
tion will  bo  brought,  or  if  more  than  one  such  written  notice,  whether 
relating  to  the  same  child  or  to  any  other  child,  has  been  given  to  such 
employer  by  a  truant  officer  or  inspector  of  factories  at  any  time  within 
one  year. 

DUTIES  OF  PARENTS,  GUARDIANS  AND  EMPLOYERS. 

9.  Every  parent  or  guardian  of  a  child  under  fourteen  years  of  age  who 
permits  any  employment  of  such  child  contrary  to  the  provisions  of  this 
act,  and  every  owner,  superintendent  or  overseer  of  any  factory,  workshop 
or  mercantile  establishment  who  employs  or  permits  to  be  employed  therein 
any  child  contrary  to  the  provisions  of  this  act,  and  any  other  person  who 
employs  any  child  contrary  to  the  provisions  of  this  act,  shall  for  every 
such  offence  forfeit  not  less  than  twenty  nor  more  than  fifty  dollars  for  the 
use  of  the  public  schools  of  the  city  or  town.     Every  parent,  guardian,  or 
person  authorized  to  sign  the  certificate  prescribed  by  section  four  of  this 
act,  who  certifies  to  any  materially  false  statement  therein,  shall  be  pun- 
ished by  fine  not  exceeding  fifty  dollars,  or  by  imprisonment  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment.     A  failure  to  produce 
to  a  truant  officer  or  inspector  of  factories  the  certificate  required  by  the 
provisions  of  this  act  shall  be  prima  facie  evidence  of  the  illegal  employ- 
ment of  the  child  whose  certificate  is  not  produced. 

10.  The  expressions  "  factory  "  and  "  workshop  "  used  in  this  act  shall 
have  the  meanings  defined  for  them  respectively  by  chapter  one  hundred 
and  three  of  the  acts  of  the  year  one  thousand  eight  hundred  and  eighty- 
seven. 

11.  Within  one  month  of  the  passage  of  this  act  the  chief  of  the  district 
police  shall  cause  a  printed  copy  thereof  to  be  transmitted  to  the  school 
committee  of  every  city  and  town  in  the  Commonwealth. 

12.  Sections  one  to  six,  inclusive,  of  chapter  forty-eight  of  the  Public 
Statutes,  chapter  two  hundred  and  twenty-four  of  the   acts  of  the  year 
eighteen  hundred  and  eighty-three,  chapter  two  hundred  and  twenty-two  of 


60 


SCHOOL   LAWS 


the  acts  of  the  year  eighteen  hundred  and  eighty-five,  and  section  one  of 
chapter  four  hundred  and  thirty-three  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-seven  are  hereby  repealed.  * 

13.     This  act  shall  take  effect  on  the  first  day  of  July  in  the  year  one 
thousand  eight  hundred  and  eighty-eight.     [Approved  May  17, 1888.] 

PENALTY  FOR  EMPLOYING  CHILDREN  UNDER  FOURTEEN  WHO 
CANNOT  READ  AND  WRITE. 


Children  un- 
der fourteen 
years  not  to 
be  employed 
while  public 
schools  are  in 
session,  unless 
they  can  read 
and  write. 
Penalty. 
1878,  257, §  4. 


under  fifteen 
years  not  to  be 
employed  in 
circus,  etc. 
Penalties. 
Proviso  as  to 
education  of 
children  in 
music,  etc. 
1877,  172. 


License  not  to 
be  granted  for 
public  show  in 
which  chil- 
dren under 
fifteen  years 
are  employed. 
1874,  279. 
1880,  88. 


SECT.  7.  Every  owner,  superintendent,  or  overseer  in  any 
such  establishment,  who  employs,  or  permits  to  be  employed 
therein,  a  child  under  fourteen  years  of  age  who  cannot  read 
and  write,  while  the  public  schools  in  the  city  or  town  where 
such  child  lives  are  in  session,  and  every  parent  or  guardian 
who  permits  such  employment,  shall  for  every  such  offence  for- 
feit not  less  than  twenty  nor  more  than  fifty  dollars,  for  the  use 
of  the  public  schools  of  such  city  or  town. 

CHILDREN  UNDER  FIFTEEN  NOT  TO  BE  EMPLOYED  IN 
CIRCUSES,  ETC. 

SECT.  8.  Any  person  who  employs  or  exhibits,  or  who  sells, 
apprentices,  or  gives  away  for  the  purpose  of  employing  or 
exhibiting,  a  child  under  fifteen  years  of  age,  in  dancing,  play- 
ing on  musical  instruments,  singing,  walking  on  a  wire  or 
rope,  or  riding  or  performing  as  a  gymnast,  contortionist,  or 
acrobat,  in  any  circus  or  theatrical  exhibition,  or  in  any  public 
place  whatsoever,  or  who  causes,  procures,  or  encourages  any 
such  child  to  engage  therein,  shall  be  punished  by  fine  not 
exceeding  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months :  provided,  that  nothing 
in  this  section  shall  be  construed  to  prevent  the  education  of 
children  in  vocal  and  instrumental  music,  or  their  employment 
as  musicians  in  any  church,  chapel,  or  school,  or  school  exhibi- 
tion, or  to  prevent  their  taking  part  in  any  concert  or  musical 
exhibition  on  the  special  written  permission  of  the  mayor  and 
aldermen  of  a  city  or  of  the  selectmen  of  a  town. 

LICENSES  NOT  TO  BE  GRANTED  FOR  SHOWS  WHICH  EMPLOY 
CHILDREN  UNDER  FIFTEEN. 

SECT.  9.  No  license  shall  be  granted  for  a  theatrical  exhi- 
bition or  public  show  in  which  children  under  fifteen  years  of 
age  are  employed  as  acrobats,  contortionists,  or  in  any  feats  of 
gymnastics  or  equestrianism,  or  in  which  such  children  belong- 
ing to  the  public  schools  are  employed,  or  allowed  to  take  part 
as  performers  on  the  stage  in  any  capacity,  or  where,  in  the 
opinion  of  the  board  authorized  to  grant  licenses,  such  children 
are  employed  in  such  a  manner  as  to  corrupt  their  morals  or 
impair  their  physical  health  ;  but  nothing  herein  contained  shall 
prevent  the  giving  of  special  permission  as  provided  by  the 
preceding  section. 


OF    MASSACHUSETTS.  61 

TRUANT  CHILDREN  AND  ABSENTEES  FROM  SCHOOL. 
SECT.  10.     Each  town  shall  make  all  needful  provisions  and   Towns  may 
arrangements  concerning  habitual  truants  and  children  between   Sons  concern- 
seven  and  fifteen  years  of  age  who  may  be  found  wandering   {™ant8*etc! 
about  in  the  streets  or  public  places  therein,  having  no  lawful    1873»  262>  §  *• 
occupation  or  business,  not  attending  school,  and  growing  up 
in  ignorance  ;  and  shall  make  such  by-laws  as  shall  be  most 
conducive  to   the  welfare  of  such  children,  and  to  the  good 
order  of  such  town  ;  and  shall  provide  suitable  places  for  the 
confinement,  discipline,  and  instruction  of  such  children  :  such 
by-laws  may  be  approved  by  the  judge  of  the  probate  court  of 
the  county,  as  well  as  in  the  manner  provided  for  the  approval 
of  other  by-laws  by  section  twenty-one  of  chapter  twenty-seven. 

FORM  OF  BY-LAWS. 

This  form  of  by-laws  has  been  approved  by  the  Board  of 
Education,  and  is  given  here  simply  as  a  suitable  form  -to  be 
adopted  by  the  towns. 


ARTICLE  1.  The  town  of  -  hereby  avails  itself  of  the  several 
provisions  of  the  statutes  of  this  Commonwealth,  now  in  force,  relating  to 
habitual  truants  and  absentees  from  school,  and  in  pursuance  of  Authority 
conferred  thereby,  adopts  the  following  by-laws. 

ARTICLE  2.  All  children  between  the  ages  of  seven  and  fifteen  years, 
residing  in  said  town,  and  who  may  be  found  wandering  about  in  the 
streets  or  public  places  of  said  town,  having  no  lawful  occupation  or 
business,  not  attending  school,  and  growing  up  in  ignorance,  shall  be  com- 
mitted to  —  —  for  confinement,  instruction  and  discipline. 

ARTICLE  3.  Two  or  more  truant  officers  shall  be  appointed  annually, 
whose  duty  it  shall  be  to  inquire  into  all  the  violations  of  the  truant  laws 
and  of  the  law  relating  to  compulsory  education,  and  to  do  all  the  acts 
required  of  them  by  the  laws  of  the  Commonwealth. 

ARTICLE  4.  It  shall  be  the  duty  of  every  truant  officer,  previous  to 
making  any  complaint  under  these  laws,  to  notify  the  truant,  or  absentee 
from  school,  also  his  parent  or  guardian,  of  the  offence  committed,  and 
of  the  penalty  therefor,  and  if  the  truant  officer  can  obtain  satisfactory 
pledges  for  the  restraint  and  reformation  of  the  child,  he  may  at  his  dis- 
cretion forbear  to  prosecute,  so  long  as  such  pledges  are  faithfully  kept. 

ARTICLE  5.  It  shall  be  the  duty  of  the  school  committee,  the  teachers 
of  the  public  schools,  and  the  citizens  generally,  to  aid  the  truant  officers 
as  far  as  possible  in  the  discharge  of  their  duties. 

ARTICLE  6.  It  shall  be  the  duty  of  the  truant  officers  to  keep  a  full 
record  of  all  their  official  acts,  and  make  an  annual  report  thereof  to  the 
school  committee,  who  shall  publish  the  same  with  their  own  report. 

ARTICLE  7.  Nothing  'in  these  by-laws  shall  be  so  construed  as  to  alter 
or  impair  the  obligation  and  duty  of  teachers  to  enforce  punctuality  and 
regularity  of  attendance,  and  to  preserve  good  order  and  discipline. 


62 


SCHOOL    LAWS 


Truant  offi- 
cers to  be 
appointed  by 
school  com- 
mittees. 

1873,  262,  §  2. 

1874,  233,  §  2. 


Minors  con- 
victed of 
being  truants, 
etc.,  may  be 
committed  for 
two  years  to 
institution 
provided 
therefor. 
1873,  262,  §  3. 


Jurisdiction: 
1873,  262,  §  4. 


County  truant 

schools  and 

union  county 

truant 

schools,  how 

established, 

etc. 

1873,  262,  §  5. 

1881,  144. 


SCHOOL  COMMITTEE  TO  APPOINT  TRUANT  OFFICERS. 
SECT.  11.  The  school  committee  of  each  town  shall  appoint 
and  fix  the  compensation  of  two  or  more  suitable  persons,  to 
be  designated  truant  officers,  who  shall,  under  the  direction  of 
said  committee,  inquire  into  all  cases  arising  under  such  by- 
laws, and  shall  alone  be  authorized,  in  case  of  violation  there- 
of, to  make  complaint  and  carry  into  execution  the  judgment 
thereon  ;  and  who  may  serve  all  legal  processes  issued  by  the 
courts  in  pursuance  of  such  by-laws  or  of  sections  ten  to  six- 
teen inclusive,  but  who  shall  not  be  entitled  to  receive  any 
fees  for  such  service. 

TRUANTS  MAY  BE  COMMITTED  FOR  Two  YEARS. 
SECT.  12.  Any  minor  convicted  under  a  by-law  made  under 
section  ten  of  being  an  habitual  truant,  or  of  wandering  about 
in  the  streets  and  public  places  of  a  city  or  town,  having  no 
lawful  employment  or  business,  not  attending  school,  and  grow- 
ing up  in  ignorance,  shall  be  committed  to  any  institution  of 
instruction  or  suitable  situation  provided  for  the  purpose, 
under  the  authority  of  said  section  or  by-law,  for  a  term 
not  exceeding  two  years. 

JURISDICTION. 

SECT.  13.  Police,  district,  or  municipal  courts,  trial  justices, 
and  judges  of  probate  courts,  shall  have  jurisdiction,  within 
their  respective  counties,  of  the  offences  described  in  sections 
ten  and  twelve. 

COUNTY  TRUANT  SCHOOLS. 

SECT.  14.  If  three  or  more  towns  in  any  county  so  require, 
the  county  commissioners  shall  establish  at  the  expense  of  the 
county,  at  convenient  places  therein,  other  than  the  jail  or 
house  of  correction,  truant  schools  for  the  confinement,  disci- 
pline, and  instruction  of  minor  children  convicted  under  the 
provisions  of  sections  ten  and  twelve ;  and  shall  make  suita- 
ble provisions  for  the  government  and  control,  and  for  the 
appointment  of  proper  teachers  and  officers  thereof;  but  if 
three  or  more  cities  or  towns  in  each  of  two  or  three  contig- 
uous counties,  [or  in  case  of  Norfolk,  Bristol,  Barnstable,  and 
Plymouth  counties,  of  four  contiguous  counties,]  so  require,  the 
county  commissioners  of  such  counties  shall,  at  the  expense  of 
the  same,  establish  at  a  convenient  place  therein  a  union  truant 
school,  to  be  organized  and  controlled  by  the  chairmen  of  the 
county  commissioners  of  such  counties,  in  the  manner  pro- 
vided for  the  government  and  control  of  county  truant  schools 
by  county  commissioners ;  and  any  county  so  uniting  with 
another  county  or  counties  in  the  support  of  a  union  truant 
school  shall  not  be  required  to  support  a  truant  school  of  its 
own. 


OF   MASSACHUSETTS.  63 

The  clause  in  brackets  is  repealed.  Chapter  155  of  the  Acts 
of  1884  provides:  — 

UNION  TRUANT  SCHOOLS. 

1.  Three  or  more  cities  or  towns  in  each  of  two,  three  or  four 
contiguous  counties,  may  require  the  county  commissioners  of  such 
counties  to  establish  union  truant  schools  as  provided  by  section 
fourteen  of  chapter  forty-eight  of  the  Public  Statutes. 

'2.  So  much  of  said  section  fourteen  as  relates  to  the  case  of  Nor- 
folk, Bristol,  Barnstable  and  Plymouth  counties  is  hereby  repealed. 

By  section  10,  chapter  48,  each  town  is  required  to  make  all 
needful  provisions  concerning  truants.  This  includes  provid- 
ing a  suitable  place  for  their  confinement,  instruction,  etc.  By 
section  14,  chapter  48,  if  three  or  more  towns  of  any  county 
petition  the  county  commissioners,  they  shall  establish  a  truant 
school  to  which  all  the  towns  may  send  their  truant  children. 
Provision  is  also  made  for  union  truant  schools  to  be  established 
by  two,  three  or  four  counties.  It  is  all-important  to  the 
towns  that  the  children  who  are  inclined  to  truancy  should 
be  collected  into  well-organized  schools  and  kept  there  the  full 
time  fixed  by  the  statute,  or  until  they  have  reformed. 

AVHAT  PLACES  OF  CONFINEMENT  TOWNS  MAY  ASSIGN. 

SECT.  15.     A  town  may  assign  any  such  truant  school,  or,  Towns  may 

with  the  assent  of  the  state  board  of  health,  lunacy,  and  char-  JJJJJJj  fo 
ity,  the  state  primary  school,  as  the  place  of  confinement,  disci- 


pline,  and  instruction  of  children  so  convicted  ;  and  shall  pay  places  of  con- 

for  their  support  therein  such  sum,  not  exceeding  two  dollars  truants!  etc. 

a  week  for  each  child,  as  the  county  commissioners  or  the  Jj^gj  i^j  |  ^ 
trustees  of  the  state  primary  and  reform  schools  respectively 
shall  determine. 

How  CHILDREN  COMMITTED  MAY  BE  DISCHARGED. 

SECT.  16.     Children   so   committed  may,  upon    satisfactory  Children  corn- 

proof  of  amendment,  or  for  other  sufficient  cause,  be  discharged  ShargS.  ** 

from  the  state  primary  school  by  said  state  board,  and  from  J873»  262»  §§  3> 
other  places  of  confinement  by  the  judge  or  justice  who  com- 
mitted them. 

REPORTS  RELATIVE  TO  COMPLIANCE  WITH  TRUANT  LAW. 

SECT.  17.    The  school  committees  of  the  several  towns  shall  School  com- 

mittees  to  re- 

annually  report  to  the  secretary  of  the  board  of  education  port  whether 

whether  their  towns  have  made  the  provisions  required  by  law  Eave'been 

relating  to  truants  and  absentees  from  school.  truants0  etc 

1878,  234,  §  2. 


64  SCHOOL    LAWS 

PENALTY  FOR  EMPLOYING  TRUANTS. 

Chapter  71  of  the  Acts  of  1885  provides  that  whoever,  after 
notice  from  a  truant  officer  to  refrain  from  so  doing,  offers  a 
reward  for  service  to  any  child  in  consequence  of  which  reward 
such  child  is  induced  unlawfully  to  absent  himself  from  school, 
or  whoever  after  notice  as  aforesaid  in  any  manner  entices  or 
induces  any  child  to  truancy,  or  whoever  knowingly  employs 
or  harbors  any  unlawful  absentee  from  school,  or  truant,  shall 
forfeit  not  less  than  twenty  nor  more  than  fifty  dollars  to  the 
use  of  the  public  schools  of  the  city  or  town  in  which  said 
offence  occurs,  to  be  recovered  by  complaint. 

CARE  AND  EDUCATION  OF  NEGLECTED  CHILDREN. 

T°wn8  to  SECT.  18.    Each  town  may,  and  every  town  containing  five 

for  care,   thousand  or  more  inhabitants  shall,  make  all  needful  provi- 
sions  and  arrangements   concerning  children  under    sixteen 
s     vears  °^  a»e>  who,  by  reason  of  the  neglect,  crime,  drunken- 


1866,  283,  §  i.  ness,  or  other  vices  of  parents,  or  from  orphanage,  are  suffered 
1878,  217,  §  i.  to  be  growing  up  without  salutary  parental  control  and  educa- 
tion, or  in  circumstances  exposing  them  to  lead  idle  and  disso- 
lute lives  ;  and  may  also  make  all  such  by-laws  respecting  such 
children  as  shall  be  deemed  most  conducive  to  their  Avelfare 
and  to  the  good  order  of  the  city  or  town. 

WHO    SHALL   MAKE    COMPLAINTS. 

Towns  to  ap-        SECT.  19.     The  selectmen  of  towns  containing  five  thousand 

point  persons  .,. 

to  make  com-    or  more  inhabitants,  and  of  other  towns  availing  themselves  of 

i866?283,  §  2.     the  provisions  of  sections  eighteen  to  twenty-one,  inclusive, 

1878,  217,  §  2.     shall  appoint  suitable  persons  to  make  complaints  of  violations 

of  by-laws  adopted  under  the  preceding  section  ;  and  the  per- 

sons so  appointed,  and  the  officers  and  duly  appointed  agents 

of  the  Massachusetts  Society  for  the  Prevention  of  Cruelty  to 

Children,  shall  alone  be  authorized  to  make  such  complaints  ; 

and  the  persons  so   appointed   shall  alone  be  authorized  to 

make  complaints  under  the  following  section. 

Chapter  245  of  the  Acts  of  1883  amends  the  above  section 
by  inserting  in  the  eighth  line  thereof,  after  the  word  "  com- 
plaints," the  words  "  and  carry  into  execution  the  judgments 
thereon." 

CHILDREN  GROWING  UP  WITHOUT  EDUCATION  MAY  BE 

COMMITTED. 

Children  un-         SECT.  20.    A  judge  of  the  superior  court,  or  of  a  police,  dis- 
trict,  or  municipal  court,  or  a  trial  justice,  upon  proof  that  any 


up  without       child  under  sixteen  years  of  age,  by  reason  of  orphanage,  or 


OF    MASSACHUSETTS?*"  65 


of  the  neglect,  crime,  drunkenness,  or  other  vice  of  parents,  is   education, 
so  growing  up,  may  order  such  child  to  such  institution  of  in-   com'rSecUo 
struct  ion,  or  other  place  assigned  for  the  purpose,  as  maybe   institutio"8> 
provided  under  section  eighteen,  by  the  town  in  which  such    1866»  283>  §  3- 
child  resides,  to  be  there  kept,  educated,  and  cared  for,  for  a 
term  not  extending  beyond  the  age  of  twenty-one  years  for 
boys,  or  eighteen  years  for  girls. 

WHEN  SUCH  CHILDREN  MAY  BE  DISCHARGED. 

SECT.  21.     When  the  parents  of  a  child  committed  under  the   Children  un- 
preceding  section  have  reformed  and  are  leading  orderly  and   Jearsofage 
industrious  lives,  and  are  in  a  condition  to  exercise  salutary   growing  up 

J     without  edu- 

parental   control  over  such  child,  and  to  provide   him  with  cation,  etc., 

proper  education  and  employment,  or  when,  said  parents  being  charged  "when 

dead,  any  person  offers  to  make  such  suitable  provision  for  the  oSiers  can  or 

care,  nurture,  and  education  of  such  child  as  will  conduce  to  will  properly 

the  public  welfare,  and  will  give  security  for  the  performance  them. 

of  the  same  satisfactory  to  the  directors,  trustees,  overseers,  or  1866>  283>  *  4* 
other  board   having  charge  of  the  institution  to  which  such 
child  is  committed,  they  may  discharge  him  to  the  parents  or 
to  such  other  person. 

CARE  AND  PROTECTION  OF  DESTITUTE,  ABANDONED,  AND 
ABUSED  CHILDREN^ 

SECT.  22.  The  judge  of  the  probate  court  of  any  county  ?  Massachusetts 
when  it  appears  that  a  minor  under  fourteen  years  of  age  resi-  p^ySioa  of 
dent  therein  is  without  a  guardian,  and  is  entirely  abandoned,  Cruelty  to 

1    Children  may 

or  treated  with  gross  and  habitual  cruelty,  by  the  parent  or   be  appointed 
other  person  having  the  care  or  custody  of  him,  or  is  illegally   fbandoned'or 
deprived  of  liberty,  may  appoint  as  his  guardian  the  Massa-    "hiMdre^ 
chusetts  Society  for  the  Prevention  of  Cruelty  to  Children  for  1879,  179',  §  i. 
such  period  as  seems  fit  to  the  judge  ;  and  said  society  shall 
thereupon  become  entitled  to  the  custody  of  such  child  to  the 
exclusion  of  any  other  person,  but  shall  not  be  entitled  to  his 
property.     Said  judge  may  at  any  time,  for  good  cause,  revoke 
such  appointment. 

SECT.  23.     The  parents,  surviving  parent,  or  guardian  of  a      may  receive 
child  under  fourteen  years  of  age,  if  unable  to  support  him,   chfkSen'un- 
may  by  an  agreement  in  writing,  signed,  and  fixing  the  terms   der  f°urteea 
of  the  custody,  place  him  in  the  charge  of  said  society,  which   parents,  etc. 
shall  thereupon  have  custody  of  him  as  provided  in  the  pre- 
ceding section. 

SECT.  24.     Upon  the  complaint  of  said  society  that  a  child      maybe 
under  five  years  of  age  has  been  abandoned  and  deserted  ki  a   ofVdeserted 


street  or  public  place,  or  in  a  vacant  building,  a  judge  of  any  five 

court,  within  his  jurisdiction,  may  give  the  custody  of  such  JjjJ™P  la™*  to 

child  for  a  period  not  exceeding  thirty  days  to  said  society  ;  1879,  179,  §  3. 
which  shall  thereupon  give  notice  thereof,  under  the  direction 


66  SCHOOL    LAWS 

of  said  judge,  by  advertisement  in  some  newspaper  published 
in  the  county  where  such  child  is  found;    and  such  child,  if 
claimed  by  its  parents,  parent,  or  guardian,  may  be  returned  to 
them  by  said  judge. 
Said  society          SECT.  25.    Nothing  in  the  three  preceding  sections  shall  be 

iiot  obliged  to 

receive  any       construed  to  oblige  said  society  to  receive  the  custody  ot  any 

child.  i^-tA 

1879,  179,  §  4.    cnna. 

Hampden  SECT.  26.    In  Hampden   county  the  provisions  of  the  four 

-   preceding  sections   shall  in  all  respects  be  applicable  to  the 


£™  iike£riv-   Hampden  County  Children's  Aid  Association  in  like  manner  as 
iiegee,  etc.        to  the  Massachusetts  Society  for  the  Prevention  of  Cruelty  to 
Children. 


SECT.  27.  Nothing  contained  in  the  five  preceding  sections 
not  to  limit  shall  be  deemed  to  limit  the  powers  of  the  state  board  of 
starboard  of  health,  lunacy,  and  charity. 

health,  etc. 
1880,  231. 

PENALTY  FOE  DISTUEBING  SCHOOLS. 

"  Whoever  wilfully  interrupts  or  disturbs  a  school  or  other 
assembly  of  people  met  for  a  lawful  purpose  shall  be  punished 
by  imprisonment  in  the  jail  not  exceeding  thirty  days,  or  by 
fine  not  exceeding  fifty  dollars."  Pub.  Stat.,  sect.  23,  chap. 
207. 

This  statute  includes  meetings  assembled  for  the  discus- 
sion of  the  subject  of  temperance ;  and  also,  it  seems,  political 
gatherings,  meetings  for  amusement  and  all  public  meetings 
held  for  lawful  purposes.  1  Gray,  476. 

No  LlQUOE  TO  BE   SOLD  WITHIN  FOUE  HlJNDEED  FEET  OF 
SCHOOL  BUILDING. 

"No  license  of  the  first,  second  or  third  class,  under  the 
provisions  of  chapter  one  hundred  of  the  Public  Statutes,  shall 
be  granted  for  the  sale  of  intoxicating  liquors  in  any  building 
or  place  on  the  same  street  within  four  hundred  feet  of  any 
building  occupied  in  whole  or  in  part  by  a  public  school."  Chap. 
220,  Acts  of  1882. 

MALICIOUS  INJURY  TO  BUILDINGS. 

[Pub.  Stats.,  chap.  203.] 

SECT.  78.  Whoever  wilfully  and  maliciously  or  wantonly  and  without 
cause  destroys,  defaces,  mars,  or  injures  a  school-house,  church,  or  other 
building  erected  or  used  for  purposes  of  education  or  religious  instruction, 
or  for  the  general  diffusion  of  knowledge,  or  an  outbuilding,  fence,  well, 


OF   MASSACHUSETTS.  67 

or  appurtenance  of  such  school-house,  church  or  other  building,  or  furni- 
ture, apparatus  or  other  property  belonging  to  or  connected  with  such 
school-house,  church,  or  other  building,  shall  be  punished  by  fine  not  ex- 
ceeding five  hundred  dollars,  or  by  imprisonment  in  the  jail  not  exceeding 
one  year. 

INJURY  TO  LIBRARIES. 

SECT.  79.  Whoever  wilfully  and  maliciously  or  wantonly  and  without 
cause  writes  upon,  injures,  defaces,  tears  or  destroys  a  book,  plate,  picture, 
engraving  or  statue  belonging  to  a  law,  town,  city  or  other  public  library, 
shall  be  punished  by  fine  of  not  less  than  five  nor  more  than  fifty  dollars, 
or  by  imprisonment  in  the  jail  not  exceeding  six  months. 

DOG  TAX  FOR  SUPPORT  OF  SCHOOLS. 

[Pub.  Stats.,  chap.  102,  sect.  107.] 

Moneys  received  by  a  county  treasurer  under  the  provisions  of  the  pre- 
ceding sections  relating  to  dogs,  and  not  paid  out  for  damages  shall  in  the 
month  of  January  be  paid  back  to  the  treasurers  of  the  cities  and  towns  in 
proportion  to  the  amounts  received  from  such  cities  and  towns ;  and  the 
money  so  refunded  shall  be  expended  for  the  support  of  public  libraries  or 
schools.  In  Suffolk  County  moneys  so  received  by  the  treasurer  of  a  city 
or  town,  and  not  so  paid  out,  shall  be  expended  by  the  school  committee 
for  the  support  of  public  schools. 


68  SCHOOL  LAWS 


NORMAL  SCHOOLS. 


The  several  normal  schools  were  established  by  the  following 
legislative  resolves :  — 

[Chap.  70,  Resolves  of  1838.] 

WHEREAS  by  a  letter  from  the  Honorable  Horace  Mann,  secretary  of  the 
board  of  education,  addressed,  on  the  twelfth  of  March  current,  to  the  presi- 
dent of  the  senate  and  speaker  of  the  house  of  representatives,  it  appears, 
that  private  munificence  *  has  placed  at  his  disposal  the  sum  of  ten  thou- 
sand dollars  to  promote  the  cause  of  popular  education  in  Massachusetts, 
on  condition  that  the  Commonwealth  will  contribute,  from  unappropriated 
funds,  the  same  amount  in  aid  of  the  same  cause,  the  two  sums  to  be  drawn 
upon  equally,  from  time  to  time,  as  needed,  and  to  be  disbursed  under  the 
direction  of  the  board  of  education  in  qualifying  teachers  for  the  common 
schools ;  therefore, 

Resolved,  That  his  excellency  the  governor  is  hereby  authorized,  by  and 
with  the  advice  and  consent  of  the  council,  to  draw  his  warrant  upon  the 
treasurer  of  the  Commonwealth,  in  favor  of  the  board  of  education,  for  the 
sum»of  ten  thousand  dollars,  in  such  instalments  and  at  such  times  as  said 
board  may  request :  provided,  that  said  board,  in  their  request,  shall  certify, 
that  the  secretary  of  said  board  has  placed  at  their  disposal  an  equal  amount 
to  that  for  which  such  application  may  be  made  by  them  ;  both  sums  to  be 
expended,  under  the  direction  of  said  board,  in  qualifying  teachers  for  the 
common  schools  in  Massachusetts. 

Resolved,  That  the  board  of  education  shall  render  an  annual  account  of 
the  manner  in  which  said  moneys  have  been  by  them  expended. 

SALEM  NORMAL  SCHOOL. 
[Chap.  49,  Resolves  of  1853.] 

Resolved,  That  the  board  of  education  be,  and  they  are  hereby  authorized 
to  establish  a  state  normal  school  at  some  suitable  place  in  the  county  of 
Essex,  and  that  the  sum  of  six  thousand  dollars  be,  and  the  same  is  hereby 
appropriated,  from  the  proceeds  of  the  public  lands  or  the  school  fund,  ac- 
cording to  the  provisions  of  the  act  of  the  year  one  thousand  eight  hundred 
and  forty-six,  chapter  two  hundred  and  nineteen,  to  defray  the  expense  of 
providing  a  site,  of  erecting  or  purchasing  a  suitable  building,  and  furnish- 
ing the  necessary  appurtenances  and  apparatus  for  said  school ;  and  that 
the  same  be  expended  for  that  purpose  under  the  direction  of  the  board  of 
education,  upon  whose  requisition  the  governor  is  hereby  authorized  to 
draw  his  warrants  upon  the  treasury  to  the  amount  aforesaid. 

*Of  Hon.  Edmund  Dwight. 


OF   MASSACHUSETTS.  69 

Resolved,  That  the  board  of  education  be,  and  they  are  hereby  authorized 
to  purchase  and  receive  grants  of  land,  in  the  name  of  the  Commonwealth, 
and  in  suitable  quantity,  for  the  site  of  said  building  and  the  accommoda- 
tion of  said  school ;  and  that,  before  selecting  said  site,  they  be  directed  to 
receive  propositions  from  towns  or  individuals  in  said  county  of  Essex,  in 
aid  of  the  object  of  these  resolves,  and  afterwards  to  make  such  selection  as 
will  in  their  opinion  best  subserve  the  interests  and  accommodate  the  wants 
of  said  school.  I 

WORCESTER  NORMAL  SCHOOL. 
[Chap.  79,  Resolves  of  1871.] 

Resolved,  That  the  board  of  education  are  hereby  authorized  and  required 
to  establish  a  state  normal  school  in  the  city  of  Worcester,  and  that  the  sum 
of  sixty  thousand  dollars  is  hereby  appropriated  to  defray  the  expenses  of 
erecting  a  suitable  building  and  furnishing  the  necessary  appurtenances 
and  apparatus  for  said  school,  and  that  the  same  be  expended  under  the  di- 
rection of  the  board  of  education,  upon  whose  requisition  the  governor  is 
hereby  authorized  to  draw  his  warrant  for  the  amount  aforesaid  to  be  paid 
from  the  school  fund :  provided,  that  the  deficit  of  income  of  the  school 
fund  occasioned  by  such  payment,  shall  be  deducted  from  the  moiety  of  the 
income  of  said  fund  applicable  to  educational  purposes,  in  such  manner  as 
not  to  afVect  Hie  amount  to  be  apportioned  and  distributed  for  the  support 
of  public  schools. 

Resolved,  That  the  trustees  of  the  Worcester  Lunatic  Hospital  are  hereby 
authorized  and  required  to  convey  to  the  board  of  education  and  its  succes- 
sors, in  trust  for  the  Commonwealth,  a  tract  of  land  situated  in  said  city  of 
Worcester,  of  not  more  than  five  acres,  to  be  located  by  the  governor  and 
council,  east  of  a  line  drawn  one  hundred  and  seventy  feet  east  of  the 
easterly  line  of  Mulberry  Street,  and  north  of  a  line  drawn  five  hundred 
feet  south  of  the  southerly  line  of  Prospect  Street  when  extended  east  as 
proposed ;  and  west  of  the  westerly  line  of  Wilmot  Street  when  extended 
southerly  as  proposed ;  the  conveyance  of  said  land  to  include  a  right  of 
way  thereto  from  East  Central  Street,  the  location  whereof  shall  be  deter- 
mined and  fixed  by  the  governor  and  council,  if  in  their  opinion  said  right 
of  way  is  necessary  and  desirable. 

Resolved,  That  the  city  of  Worcester  is  hereby  authorized  to  lay  out  and 
extend  Prospect  Street,  from  its  present  easterly  terminus  to  its  intersection 
with  the  proposed  line  of  the  prolongation  of  Wilmot  Street ;  also  to  ex- 
tend Wilmot  Street  southerly  to  the  proposed  intersection  with  the  exten- 
sion of  Prospect  Street,  and  from  that  point  southerly  to  East  Central 
Street. 

Resolved,  That  the  value  of  said  land  shall  be  determined  and  fixed  by 
the  governor  and  council,  and  the  amount  shall  be  credited  by  the  treasurer 
of  the  Commonwealth  to  the  fund  created  by  the  provisions  of  section  four, 
chapter  two  hundred  and  thirty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  seventy. 

Resolved,  That  the  city  council  of  the  city  of  Worcester  may  raise  by  tax- 
ation or  otherwise,  the  sum  of  fifteen  thousand  dollars,  and  may  pay  the 
same  to  the  board  of  education  for  the  purposes  named  in  these  resolves: 
provided,  that  these  resolves  shall  not  take  effect  until  the  city  of  Worces- 


70  SCHOOL   LAWS 

ter  or  the  inhabitants  thereof  shall  have  paid  to  the  board  of  education  the 
sum  of  fifteen  thousand  dollars  to  aid  in  the  erection  and  furnishing  of  the 
building  for  said  school. 

NORMAL  ART  SCHOOL. 
[Chaps.  47  and  61,  Resolves  of  1873.] 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury,  the  sum  of 
seventy-five  hundred  dollars  for  the  expenses  of  a  state  normal  art  school, 
the  same  to  be  expended  under  the  direction  of  the  board  of  education. 

Resolved,  That  the  sergeant-at-arms  with  the  consent  and  approval  of  the 
commissioners  on  the  state  house  be  authorized  to  assign  the  rooms  on  the 
third  floor  of  the  house  number  thirty-three  Pemberton  Square  to  the  board 
of  education  for  the  use  of  the  state  normal  art  school. 

In  accordance  with  the  foregoing  resolves,  normal  schools 
were  established  as  follows  :  — 

The  first  at  Lexington,  which  was  opened  July,  1839  ;  trans- 
ferred to  West  Newton,  September,  1844 ;  and  to  Framinghatn 
in  1853.  It  receives  as  pupils  only  females. 

The  second  was  opened  at  Barre,  September,  1839  ;  was 
suspended  in  1841 ;  and  recommenced  at  Westfield,  September, 
1844,  and  receives  both  sexes. 

The  third  was  opened  at  Bridgewater,  September,  1840,  and 
admits  pupils  of  both  sexes. 

The  fourth  was  established  at  Salem,  and  opened  September, 
1854,  and  is  for  females  only. 

The  school  at  Worcester  was  opened  September,  1874.  It 
admits  pupils  of  both  sexes. 

The  Normal  Art  School  was  opened  October,  1873. 

THE  DESIGN  OF  THE  SCHOOLS  AND  COURSES  OF  STUDY. 

The  Board  of  Education,  by  a  vote  passed  May  6,  1880, 
stated  the  design  of  the  school  and  the  course  of  studies  for 
the  State  normal  schools  as  follows  :  — 

"The  design  of  the  normal  schools  is  strictly  professional; 
that  is,  to  prepare,  in  the  best  possible  manner,  the  pupils  for 
the  work  of  organizing,  governing  and  teaching  the  public 
schools  of  the  Commonwealth. 

"  To  this  end,  there  must  be  the  most  thorough  knowledge, 
first,  of  the  branches  of  learning  required  to  be  taught  in 
the  schools  ;  second,  of  the  best  methods  of  teaching  those 
branches  ;  and,  third,  of  right  mental  training. 


OF    MASSACHUSETTS.  71 

"The  time  of  one  course  extends  through  a  period  of  two 
years,  of  the  other  through  a  period  of  four  years,  and  is  divided 
into  terms  of  twenty  weeks  each,  with  daily  sessions  of  not  less 
than  five  days  each  week. 

"  STUDIES. 

"  Two  Years'  Course. — Arithmetic,  algebra,  geometry, 
book-keeping. 

"Physics,  astronomy,  chemistry. 

"  Physiology,  botany,  zoology,  mineralogy,  geology,  geog- 
raphy. 

"Language,  reading,  orthography,  etymology,  grammar, 
rhetoric,  literature,  composition. 

"Penmanship,  drawing,  vocal  music,  gymnastics,  military 
drill. 

"  Psychology,  science  and  art  of  education,  school  organiza- 
tion, history  of  education. 

"  Civil  polity  of  Massachusetts  and  of  the  United  States, 
history,  school  laws  of  Massachusetts. 

"Four  Years'  Course. — In  addition  to  the  studies  named 
,  above,  the  four  years'  course  includes  advanced  algebra  and 
geometry,  trigonometry  and  surveying. 

"  Advanced  chemistry,  physics  and  botany. 

"  Drawing,  English  literature,  general  history. 

"Latin  and  French  required;  German  and  Greek,  as  the 
principal  and  visitors  of  the  school  shall  decide. 

"  The  above  is  an  enumeration  of  the  studies.  The  order  of 
the  studies  in  the  course  is  determined  by  the  principal  of  each 
school,  with  the  approval  of  the  visitors  of  that  school." 

NORMAL  ART  SCHOOL. 

Candidates  for  admission  to  the  Normal  Art  School  must  be 
above  sixteen  years  of  age. 

An  examination  in  freehand  drawing  of  ornament  from  copy, 
and  object  drawing  from  the  solid,  will  be  held  at  the  begin- 
ning of  each  term,  of  all  candidates  for  admission  to  class  A. 
To  students  residing  within  the  State,  intending  to  teach  draw- 
ing in  the  public  schools,  tuition  is  free ;  but  five  dollars  per 
term  will  be  charged  for  incidentals.  Tuition  fee,  to  students 


72  SCHOOL   LAWS 

from  without  the  State,  fifty  dollars  per  term.  Students  re- 
quiring instruction  in  special  studies  may  enter  any  class 
without  passing  through  class  A,  by  payment  of  a  fee  of 
twenty-five  dollars  per  term  if  residents  of  Massachusetts,  and 
fifty  dollars  per  term  if  from  other  States.  All  fees  are  pay- 
able in  advance  to  the  curator  at  the  commencement  of  each 
term,  and  must  be  so  paid.  There  is  no  examination  for  admis- 
sion for  the  special  students,  but  permission  for  entering  must 
be  obtained  from  the  principal.  The  work  of  class  A  is  de- 
voted to  elementary  drawing ;  of  class  B,  to  form,  color  and 
industrial  design  ;  of  class  D,  to  the  constructive  arts  ;  and  of 
class  C,  to  sculpture  and  design  in  the  round. 

STATE   SCHOLARSHIPS  IN  THE  WORCESTER  POLYTECHNIC 

INSTITUTE. 

By  the  terms  of  certain  grants  made  by  the  State  to  the 
Worcester  Polytechnic  Institute,  that  institution  is  required  to 
maintain  twenty  free  scholarships,  the  pupils  to  be  selected  by 
the  Board  of  Education  from  the  different  counties  in  this 
Commonwealth,  except  that  none  shall  betaken  from  Worcester 
County.  Blank  applications  for  these  scholarships  may  be 
obtained  of  the  principal  of  the  school  or  of  the  secretary  of 
the  State  Board  of  Education. 

STATE  SCHOLARSHIPS  IN  THE  INSTITUTE  OF  TECHNOLOGY. 

In  consideration  of  receiving  aid  from  the  Commonwealth,  it 
is  provided  by  chapter  103  of  the  Resolves  of  the  Legislature 
of  1887  that  the  Massachusetts  Institute  of  Technology  "  shall 
establish  and  maintain  twenty  free  scholarships,  and  each  sena- 
torial district  in  this  Commonwealth  shall,  once  in  eight  years, 
in  such  alternate  order  as  the  Board  of  Education  shall  at  the 
time  of  the  first  apportionment  determine  by  lot,  be  entitled  to 
one  scholarship  for  a  period  of  four  years,  to  be  awarded  to 
such  candidates  as  shall  be  found  upon  examination  to  possess 
the  qualifications  fixed  for  the  admission  of  students  to  said 
institute,  and  who  shall  be  selected  by  the  Board  of  Education  ; 
preference  in  the  award  being  given  to  qualified  candidates 
otherwise  unable  to  bear  the  expense  of  tuition.  In  case  no 
candidate  appears  from  a  senatorial  district,  then  a  candidate 


OF   MASSACHUSETTS.  73 

may  be  selected  from  the  State  at  large  to  fill  such  vacancy, 
who  m;iy  continue  to  hold  the  scholarship  annually,  until  a 
candidate  is  presented  from  the  senatorial  district  unrepresented, 
who  shall  then  be  awarded  the  scholarship  for  the  balance  of  the 
time  for  which  said  district  would  originally  have  been  entitled 
to  its  benefit.  In  case  a  vacancy  occurs  in  any  senatorial  dis- 
trict after  an  appointment  has  been  made,  then  a  candidate 
from  the  same  district  shall  be  selected  for  the  balance  of  the 
time  for  which  said  district  is  entitled  to  its  benefit,  or  in  the 
event  of  no  such  candidate  appearing,  from  the  State  at  large, 
upon  the  conditions  previously  set  forth." 

The  Board  of  Education  has  established  the  following  regu- 
lations in  regard  to  the  scholarships  provided  for  above  :  — 

1.  Group  1.  — Ten  scholarships  are  now  established,  to  be 
filled  at  the  beginning  of  the  school  year  1888-89,  and  these 
have  been  assigned  by  lot  to  the  following  senatorial  dis- 
tricts :  — 

2d  Middlesex,  2d  Worcester,  2d  Plymouth, 

1st  Bristol,  2d  Essex,  4th  Essex, 

2d  Norfolk,  8th  Suffolk,  5th  Essex, 

2d  Suffolk. 

This  allows  to  one  student  from  each  of  the  above-named  senatorial  dis- 
tricts free  tuition  during  the  school  years  1888-89,  1889-90,  1890-91, 
1891-92,  and  again,  after  an  interval  of  four  years,  during  the  school  years 
1896-97,  1897-98,  1898-99,  1899-1900. 

Group  2. — Ten  additional  scholarships  are  established,  to 
be  filled  at  the  beginning  of  the  school  year  1889-90,  and 
these  have  been  assigned  by  lot  to  the  following  senatorial 
districts  :  — 

Berkshire  and  Hampshire,  1st  Plymouth,  Cape, 

3d  Essex,  1st  Worcester,  7th  Suffolk, 

3d  Suffolk,  1st  Essex,  6th  Middlesex, 

6th  Essex. 

This  allows  to  one  student  from  each  of  the  above  senatorial  districts 
free  tuition  during  the  school  years  1889-90,  1890-91,  1891-92,  1892-93, 
and,  after  an  interval  of  four  years,  during  the  ^school  years  1897-98, 
1898-99,  1899-1900,  1900-1901. 


74  SCHOOL   LAWS 

Group  3.  —  The  scholarships  to  be  filled  at  the  beginning  of 
the  school  year  1892-93  are  assigned  by  lot  to  the  following 
senatorial  districts  :  — 

1st  Middlesex,  9th  Suffolk,  1st  Hampden, 

5th  Middlesex,  1st  Suffolk,  Franklin, 

3d  Bristol,  4th  Middlesex,  1st  Norfolk, 

3d  Worcester. 

This  allows  to  one  student  from  each  of  the  above  senatorial  districts 
free  tuition  during  the  school  years  1892-93,  1893-94,  1894-95,  1895-96, 
and,  after  an  interval  of  four  years,  during  the  school  years  1900-1901, 
1901-2,  1902-3,  1903-4. 

Group  4.  — The  scholarships  to  be  filled  at  the  beginning  of 
the  school  year  1893-94  are  assigned  by  lot  to  the  following 
senatorial  districts  :  — 

3d  Middlesex,  5th  Suffolk,  2d  Hampden, 

7th  Middlesex,  4th  Suffolk,  4th  Worcester, 

2d  Bristol,  6th  Suffolk,  Berkshire, 

Worcester  and  Hampshire. 

This  allows  to  one  student  from  each  of  the  above  senatorial  districts  free 
tuition  during  the  school  years  1893-94,  1894-95,  1895-96,  1896-97,  and, 
after  an  interval  of  four  years,  during  the  school  years  1901-2,  1902-3 
1903-4,  1904-5. 

Each  senatorial  district  shall  be  entitled  thereafter  to  one 
scholarship  (for  four  years)  once  in  eight  years,  in  the  same 
order  above  named. 

2.  In  case  of  a  vacancy  occurring  in   the  scholarship  as- 
signed to  any  senatorial  district  without  any  properly  qualified 
applicant  appearing  from  that  district,  the  vacancy  shall  be 
filled  without  regard  to  locality,  from  the  list  of  applicants 
registered  in  the  office  of  the  secretary  of  the  State  Board  of 
Education. 

3.  Preference  shall  be  given  to  qualified  candidates  other- 
wise unable  to  bear  the  expense  of  tuition,  but  preference  shall 
be  given,  all  other  things  being  equal,  to  students  actually  in 
the  Institute  from  the  appropriate  senatorial  districts. 

4.  A  high  standard  of  personal  scholarship  shall  be  insisted 
upon,  as  a  condition  of  receiving  and  retaining  the  benefits  of 
the  State  scholarships. 


OF   MASSACHUSETTS.  75 

5.  No  assignment  of  a  State  scholarship  to  any  individual 
student   shall  hold  for  more  than  one   year,  without   his  re- 
appointment.     A  decided  preference  will  be  given  to  the  student 
who  has  previously  held  the  appointment ;  but  this  preference 
will   not  be   sufficient    to   secure   the  re-appointment  of  any 
student  who  has  not  maintained  a  thoroughly  respectable  stand- 
ing in  his  studies,  and  whose  character  and  deportment  are  not, 
in  all  respects,  unexceptionable. 

6.  Applicants  for  original  appointment  to  State  scholarships 
must  enclose  in  their  applications  a  certificate  of  admission  to 
the  Institute  of  Technology,  free  from  "  conditions." 

7.  Persons  desiring  information  concerning  the  course  of 
study  at  the  Institute  of  Technology,  times  of  examination  and 
requirements  of  admission,  should  address  the  secretary  of  the 
Institute  of  Technology,  Boston. 

8.  Persons  desiring  information  regarding  vacancies  in  the 
State    scholarships   established    under   these  regulations,    and 
regarding  the  terms  and  conditions  upon  which  such  vacancies 
are  to  be  filled,  should  address  the  secretary  of  the  State  Board 
of  Education,  Boston,  who  will  also  furnish  blank  forms  for 
application. 


INDEX 


INDEX 


PAGE 

Absentees  from  school,  habitual,  treatment  of, 61 

Agents  of  Board  of  Education,        .        .         .        .         .        .         .        .  13 

Agriculture,  may  be  taught  in  common  schools  at  option  of  school  com- 
mittee, ............  25 

Alcoholic  drinks,  etc.,  effects  of,  to  be  taught  in  all  schools,       .        .  25 
Algebra,  may  be  taught  in  common  schools  at  option  of  school  com- 
mittee,             25 

Required  study  in  high  schools, 26 

American  Asylum  at  Hartford,  deaf-mutes  may  be  instructed  in,  at  public 

expense, 14 

Apparatus,  etc.,  purchase  of,  at  public  expense,  when,        ...  41 
Appropriations  for  normal  schools,  to  be  expended  by  Board  of  Edu- 
cation, ............  13 

By  State,  for  schools,  not  be  applied  to  sectarian  schools,   .        .  5 

Arithmetic,  to  be  taught  in  common  schools, 25 

Assistants,  female,  employment  of, 30 

Associations  of  teachers,  county,  allowance  to,        .        .        .        .        .  19 
Astronomy,  in  towns  of  4,000  inhabitants ;  teacher  of  high  school  must 

be  competent  to  teach,        .         .         .         .         .         .         .         .  26 

Attendance,  school, 51 

Absentees,  habitual,  treatment  of,        ......  61 

Ages  between  which  compulsory, 51 

Adjoining  town,  in,  when  nearer, 53 

Payment  for  such  instruction, 53 

Arrangement  of  terms,  etc., 51 

Authorities,  local,  to  encourage, 30 

Courts  and  justices,  jurisdiction  as  to,   *         .         .         .        .         .  52 

Color  not  to  exclude  from  school,  .......  54 

Contagious  disease,  to  exclude,  when,    ......  54 

Duration  of  time  each  year, 51 

Duty  of  persons  controlling,   .        .        .        .         .         .         .         .  51 

Employment  in  factories,  etc.,  during, 56 

Exclusion,  prohibited  grounds  of ,  .        .        .        .        .        .        .  64 

Action  of  tort  for  unlawful, 54 

Damages  recoverable  for,      .        .        .        .         .        .        .  54 

Interrogatories  to  committee,  etc.,       .        ...        .        .  51 

Written  reasons  to  be  given  for,         .....  54 


80  INDEX. 

Attendance,  school,  —  Continued.  i»AGE 

High  school,  regulation  for  admission  to, 52 

Penalty  for  non-attendance,  except,  etc. ,        .        .        .        .        .  51 

Private  schools,  approval  for  purposes  of, 52 

Race  not  to  exclude  from, 54 

Religious  opinions  not  to  exclude  from, 54 

Residence,  in  place  of  legal,    ........  52 

Returns  by  school  committees, 48 

Truant  officers,  duties  respecting, 52 

Vaccination,  a  necessary  requisite  for,   ......  53 

Wards,  when  guardian  an  inhabitant, 53 

Behavior,  good,  to  be  taught  in  all  schools, 25 

Blind,  education  of,  when,  where, 15 

Supervised  by  Board  of  Education,         ......  15 

Institutions  for,  aided  by  State  to  report  to  Board  of  Education,  14 
Board  of  Education,  — 

Agents,  duties  defined,     .........  13 

Appointees,  number  of, 8 

Authorized  composition  of  board, 8 

Clerk,  assistant  librarian  of  State  library  to  be,     .        .        .        .  13 

Expenses,  payment  of,     .........  13 

Members,  list  of, 9 

Secretary.     (See  Secretary  of  Board  of  Education.) 

Terms  of  office  and  retirements,     .......  8 

Vacancies,  governor  and  council  to  fill, 8 

Duties  in  General,  — 

Annual  report  to  Legislature,  contents,  etc. ,       .         .        .  11 

Distribution  of, 49 

Secretary  to  send  out, 12 

Blind  asylums  to  report  to,  when, 14 

Blind,  to  supervise  education  of,  .        .        .        .        .         .  14,  15 

Deaf  and  dumb,  to  supervise  education  of ,  .        .        .        .  14 

Deaf  asylums  to  report  to,  when,         .....  14 

Donations  for  educational  purposes,  investment  and  dispo- 
sition of, 10 

Feeble-Minded,  School  for,  to  report  to,      ....  15 

Normal  schools,  to  manage,  .        .        .        .        .        .        •  13 

Appropriation  for,  to  expend, 13 

Registers,  school,  to  prescribe  form  of,       .        .        .        .  10 
Returns  from  school  committees,  to   prescribe  form  of 

blanks  for, ..........  10 

Statistics,  may  require  what, 14 

Blanks  for,  to  prepare,  transmit,   .        .        .        .        .  14 

Teachers'  institutes,  organization  of,  .....  16 

Sessions,  expenses,  etc.,  to  determine,  .        .        .        .  16 

Book-keeping,  required  study  in  high  schools, 26 

Botany,  required  study  in  high  schools, .26 

Branches  of  study  to  be  taught  in  all  towns,    ......  25 

In  towns  of  500  families, 26 

In  towns  of  4,000  inhabitants,        ......  26 

In  evening  schools 27 


INDEX.  JJ       81 


By-laws,  for  care  of  truants,  form  of, 
Towns  required  to  adopt, 
To  be  approved  by  superior  court  or  probate  judge, 

Calisthenics,  school  exercises  may  include,  at  option  of  school  commit- 
tee,          40 

Special  teacher  for,  requires  two-thirds  vote  of  committee,          .  40 

Certificates  for  employment  of  children  (see  Employment  of  Children) ,  57 

Chemistry,  required  study  in  high  schools, 26 

Children,  abandoned,  etc. ,  care  and  protection  of, 65 

Under  five,  Massachusetts  Society  for  Prevention  of  Cruelty  to 

Children  may  be  given  temporary  custody  of ,     .         .         .         .  65 
Hampden  County  Children's  Aid  Association  may  be  given 

temporary  custody  of, 66 

Under  fourteen,  Massachusetts  Society  for  Prevention  of  Cruelty 

to  Children  may  be  appointed  guardian  of,          ....  66 

No  obligation  imposed  upon,       .....  66 

Parents  may  confide  to,       .         .         .         .        .         .  65 

Hampden  County  Children's  Aid  Association  may  be  ap- 
pointed guardian  of, 66 

No  obligation  imposed  upon, 66 

Parents  may  confide  to, 66 

Neglected,  authority  to  provide  for,  given, 64 

By-laws,  town,  as  to, 64 

Care  and  education  of, 64 

Committal  to  institutions,     . 64 

Complaints,  agents  to  make,  appointment  of ,               .        .  64 

Courts,  jurisdiction  of,  as  to, 64 

Discharge,  if  parents  reform,  etc. , 65 

Massachusetts  Society  for  Prevention  of  Cruelty  to  Chil- 
dren, complaints  by,  as  to, 64 

Children's  Aid  Association  of  Hampden  County, 66 

To  have  custody  of  certain  children, 66 

Civil  polity  of  Massachusetts  and  United  States,  required  study  in  high 

schools, 26 

Clarke  Institution,  deaf-mutes  may  be  instructed  in,  at  public  expense,  .  14 
Clerk  of  Board  of  Education,  assistant  librarian  of  State  library  to 

be, 13 

Color  not  to  exclude  from  public  school, 54 

Commissioners  to  manage  school  fund, 22 

Committees.     (See  School  Committee.) 

Constitution,  educational  provisions  of, 5 

Contagious  disease,  to  exclude  from  school,  when, 54 

Conveyance  of  pupils,  towns  may  raise  money  for,         ....  31 

Corporations,  private,  holding  school  fund,  to  manage  it,        ...  31 

County  associations  of  teachers,  allowance  to, 19 

County  commissioners  to  establish  truant  school,  when,          ...  62 

County  truant  schools,  establishment  of, 62 

Deaf-mutes,  education  of,  supervised  by  Board  of  Education,        .        .  15 

Institutions  for,  aided  by  State,  to  report  to  Board  of  Education,  14 


82  INDEX. 

Deaf-mutes,  education  of,  —  Continued.  PAGE 

Duties  of  governor  as  to, 14 

Instruction  at  public  expense,  when,  where,  .        .        .        .        .  14 

Disturbing  schools,  penalty  for,        ........  66 

Dog  tax,  used  for  support  of  schools, 67 

Donations,  etc.,  for  educational  purposes,  Board  of  Education  may  re- 
ceive and  manage,         .........  10 

Drawing,  industrial  and  mechanical,  instruction  in,  authorized,      .        .  29 

Required  study  in  all  common  schools, 25 

Education,  Board  of.     (See  Board  of  Education.) 

Employment  of  children, 55 

Certificate  for, 57 

Age  of  person  entitled  to,  how  ascertained,         ...  58 
Conditions  for  receiving,      .         .         .         .         .         .         .  57,  58 

Failure  to  produce,  evidence  of  illegal  employment,    .        .  59 

False  statement  in,  penalty  for, 59 

Of  age,  who  may  sign, 58 

Truant  officers,  etc.,  may  inspect,  when,      ....  58 

Who  may  sign, 58 

Penalty  upon  owners,  etc.,  for,       .......  59 

Upon  parents,  etc,,  for  permitting, 59 

Ticket  for,  form  of,  prescribed, 57 

Under  thirteen,  in  factories,  etc.,  forbidden,          ....  56 

Allowed,  when, 56 

Under  fourteen,  without  certificate,  forbidden,      ....  56 

Hours  of  labor,  authorized,  limited,     .....  56 

In  injurious  occupations,  may  be  prohibited,        .        .        .  56 

Who  cannot  read  and  write,  penalty  for,      ....  60 

Under  fifteen,  in  circuses,  etc.,  forbidden,      .....  60 

Shows  employing,  not  to  be  licensed,  .....  60 

Under  sixteen,  without  certificate,  forbidden,         ....  56 

English  grammar  to  be  taught  in  all  common  schools,     ....  25 

Evening  schools,  required  in  what  towns, 27 

Branches  to  be  taught  in, .  27 

School  committee  to  superintend,  .        .        .        .        .        .        .  27 

High  schools,  established  where, 28 

School  committee  to  superintend, 28 

Notice  of,  to  be  posted,  .        .        .        ...        .        .        .        .  28 

Exclusion  of  children  from  school, 54 

Prohibited  grounds  of, 54 

Action  of  tort  for  unlawful,     ........  54 

Damages  recoverable  for,        ........  54 

Interrogatories  to  committee,  etc.,          .        .   /    .        .     -  .        .  54 

Written  reasons  to  be  given  for, 54 

Feeble-Minded,  Massachusetts  School  for,  to  receive  persons  designated 

by  governor, 15 

To  make  annual  report  to  Board  of  Education,      ....  15 

Female  assistants,  when  required,     ........  30 

Foundation  of  public  schools, 

Educational  provisions  of  the  Constitution, 


INDEX.  83 

Foundation  of  public  schools  —  Continued.  PAGE 

Ordinance  of  1642, 3 

Ordinance  of  1647, 4 

Subsequent  organic  legislation, ' 5 

Free  text-books  and  supplies,  advantages  of, 41 

Law  as  to, 41 

French,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to  be  com- 
petent to  teach,     ..........  26 

Geography,  required  study  in  all  common  schools, 25 

Geology,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to  be  com- 
petent to  teach,      ..........  26 

Geometry,  required  study  in  high  schools,         ......  26 

Good  behavior  to  be  taught  in  all  schools,        ......  25 

Grammar,  English,  required  study  in  all  common  schools,       ...  25 
Greek,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to  be  com- 
petent to  teach, 26 

Gymnastics,  school  exercises  may  include,  at  option  of  school  com- 
mittee, ............  40 

Special  teacher  for,  requires  two-thirds  vote  of  committee,  .        .  40 

Hampden  County  Children's  Aid  Association,  abandoned  and  neglected 

children,  powers  of ,  as  to, 66 

Hand-tools,  elementary  use  of,  may  be  taught  in  common  schools  at 

option  of  school  committee,         .......  25 

Purchase  and  use  of,        .........  25 

High  schools,  admission  to,  school  committee  to  regulate,      ...  52 

Authorized  in  all  towns, 26 

Branches  to  be  taught  in, 26 

Duration  of,  ten  months  in  a  year, .......  26 

Evening,  establishment  where,        .         .         .        .         .        .         .28 

School  committee  to  superintend, 28 

Number  of, 27 

Required  in  certain  towns, 26 

Teachers,  qualifications  of, 26 

Union,  establishment  in  adjacent  towns,        .....  29 

Committee,  choice  and  powers, 29 

Erection  of  school-houses,     .......  29 

Expenses,  how  proportioned,        ......  29 

Location,  how  determined, 29 

History  of  United  States  to  be  taught  in  all  common  schools,        .        .  25 

General,  required  study  in  high  schools, 26 

Horace  Mann  School,  deaf-mutes  may  be  instructed  in,  at  public  expense,  14 

Hygiene  to  be  taught  in  all  schools,  ......••  25 

Industrial  and  mechanical  drawing,  instruction  in,  authorized,  .  .  29 

Industrial  schools,  establishment,  control,  etc., 29 

Injury  to  buildings,  malicious,  penalty  for, 66 

Libraries,  malicious,  penalty  for, '•  •  6? 

Institute  of  Technology,  Massachusetts,  State  scholarships  in,  .  .  72 

Regulations  as  to, 73 

Institutes.  (See  Teachers'  Institutes.) 


84  INDEX. 

PAGE 

Institutions,  educational,  to  report  to  Board  of  Education,     ...        14 
Intellectual  science,   in  towns    of  4,000  inhabitants,  teacher  of  high 

school  to  be  competent  to  teach, 26 

Latin,  required  study  in  high  schools, 26 

Libraries,  injury  to  books  in,  malicious,  penalty  for,      ....  67 
Licenses  to  sell  liquor  near  public  school  forbidden,        ....  66 
Location  of  school-houses,  towns  to  determine,       .        .        ...  45 
Logic,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to  be  com- 
petent to  teach,     ..........  26 

Massachusetts  Institute  of  Technology,  State  scholarships  in,        .        .  72 

Regulations  as  to,    ..........  73 

Massachusetts  School  for  the  Feeble-Minded,  to  receive  persons  des- 
ignated by  governor, 15 

To  make  annual  report  to  Board  of  Education,      ....  15 
Massachusetts  Society  for  Prevention  of  Cruelty  to  Children,  complaints 

by,  as  to  neglected  children, 64 

Custody  of  deserted  children, 65 

Guardian  of  abandoned  children, 65 

Obligation,  none  imposed  upon, 66 

Parents  may  confide  children  to, 65 

Massachusetts  Teachers'  Association,  allowance  to,        ....  19 
Military  drill,  school  exercise  may  include,  at  option  of  school  com- 
mittee, .        .        .        . 40 

Special  instructor,  employment  of, 40 

Ministers  of  gospel  to  promote  school  attendance, 30 

Minors,  illiterate,  employment  forbidden, 

School  committee  may  authorize, 28 

Moral  instruction,  duty  required, 

Moral  qualifications  of  teachers  to  be  ascertained  by  school  committee,  36 
Moral  science,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to 

be  competent  to  teach,         ........  26 

Music,  vocal,  may  be  taught  in  common  schools  at  option  of  school 
committee,    ........... 

Natural  philosophy,  required  study  in  high  schools,        ....        26 

Nautical  schools,  authorized 

Normal  Art  School,  resolve  establishing,  .        .        .  .        .        .        70 

Course  of  study  in, 71 

Normal  schools,  appropriations  for,  to  be  expended  by  Board  of  Edu- 
cation,  

Courses  of  study  in, •        .  70,  71 

Design  of, 

Establishment  of,  resolves  as  to, 

Date  of, 

Salem, 68 

Worcester, 

Normal  Art  School, 

To  be  managed  by  Board  of  Education, 


INDEX.  85 

PAGE 

Ordinance  of  1642,                                       ' 3 

Ordinance  of  1647, 4 

Orthography,  to  be  taught  in  all  common  schools, 25 

Penalty,  for  neglect  of  towns  to  raise  money  for  schools,       .        .  31 
For  neglect  of  towns  to  choose  school  committee,        .        .        .32 

For  disturbing  schools, 66 

For  injuring  school-houses,     ........  66 

Upon  parents  for  permitting  employment  of  children,  ...  60 

Upon  owners,  etc.,  for  illegal  employment  of  children,          .         .  60 

Perkins   Institution,  blind  children  may  be  instructed  in,   at  public 

expense,        ...........  15 

Physiology  and  hygiene,  instruction  in,  required  by  law  in  all  schools,  .  25 

Political  economy,  in  towns  of  4,000  inhabitants,  teacher  of  high  school 

to  be  competent  to  teach, 26 

Private  schools,  approval  of,  by  Board  of  Education,      ....  52 

Officers  of,  to  report  to  Board  of  Education,          ....  14 

Public  schools,  action  for  unlawful  exclusion  from,        ....  54 

Applicability  of  provisions  to  cities,        ......  46 

Appropriations  for,  towns  to  make, 31 

Conveyance  of  pupils,  for,    .                 31 

Dog  license  fees,  use  of,        .......  67 

Penalty  for  not  making,        .        .        .        .        .        .        .  31 

Authority  to  establish, 25 

Bible  to  be  read  in,  how, 39 

Courses  of  study,  how  prescribed, 40 

Disturbing,  penalty  for, 66 

Drawing-schools  for  persons  over  fifteen,      .....  29 

Duration  of,  at  least  six  months  in  each  year,        ....  25 

Duty  of  Legislature  to  foster,         .......  5 

Foundation  of, 3 

Industrial,  establishment,  control,  etc., 29 

Licenses  to  sell  liquor  near,  forbidden, 66 

Military  drill  prescribed,  when, 40 

Moneys,  expenditure  by  authorities, 5 

Sectarian  schools,  application  of,  to,  forbidden, ...  5 

Nautical,  establishment  of, 29 

Pupils  over  twelve  years  of  age,  for, 29 

"  School  month  "  defined, 48 

Studies  in,  prescribed, 25 

Studies  in,  certain,  at  option  of  school  committee,        ...  25 

Towns  must  maintain,     .........  25 

Union.     (See  Union  Schools.) 

Race  not  to  exclude  from  public  schools, 54 

Beading,  to  be  taught  in  all  common  schools, 25 

Reference  books,  purchase  at  public  expense,  when,         ....  41 

Religious  opinions  not  to  exclude  from  public  schools,    ....  54 

Registers,  school,  Board  of  Education  to  prescribe  form,        ...  10 

Secretary  of  board  to  send  out, 12 


86  INDEX. 

Registers,  school,  —  Continued.  PAGE 

School  committee,  delivery  to, 46 

Faithful  keeping,  to  cause, 48 

Teachers  to  faithfully  keep,  etc.,    .......  50 

*  Compensation  withheld  till  complete,  .....  50 

Town  and  city  clerks  to  deliver  to  whom, 46 

Report,  Board  of  Education,  annual,  contents,  etc.,         ....  11 

Distribution  of , 49 

Secretary  to  send  out, 12 

School  returns,  abstract  of,  to  include, 11 

Feeble-Minded,  Massachusetts  School  for,  to  be  made  to  Board  of 

Education, 15 

Institutions  for  deaf,  dumb,  and  blind,  to  be  made  to  Board  of 

Education, 14 

Secretary  of  Board  of  Education,  to  be  sent  to  towns,  etc.,          .  12 

School  committees,  annual,  size,  contents,  etc.,     ....  48 

Failure  of,  to  make,  proceedings, 48 

Informal,  proceedings,  when,        ......  49 

Penalty  for  neglect,  etc. ........  49 

Private  schools,  etc.,  to  be  made  to  Board  of  Education,    .  14 
Returns  by  school  committees,  abstract  of,  to  be  made  by  secretary  of 

Board  of  Education,     .........  11 

To  be  included  in  report  of  Board  of  Education,          .        .  11 

Blanks  for,  prescribed  by  Board  of  Education,       .                 .        .  10 
Rhetoric,  in  towns  of  4,000  inhabitants,  teacher  of  high  school  to  be 

competent  to  teach, 26 

Salem  Normal  School,  resolve  establishing, 68 

Established  when, 70 

Secretary  of  Board  of  Education,  abstract  of  school  returns,  to  make,  .  11 

Annual  report  of,  to  send, 

Appointment  by  board, 

Duties  in  general  denned, 11,12 

Feeble-Minded,  School  for,  duties  as  to, 15 

Improvements,  shall  suggest, 

Information,  to  collect  and  diffuse, 11 

Office  expenses,  to  be  allowed,         ....... 

Office  of,  held  by  whom, 

Registers  and  blanks  for  returns,  to  send  out,        .... 

Salary, 12 

Returns,  school,  supervision  of, 49 

Blanks  for,  to  send  out, 46,47 

School  committee  to  notify  as  to, 48 

Transmission  of,  by  school  committee,         .        .        .-  48 

School  committees  to  deposit  reports  with, 

Neglect  or  informality,  proceedings  upon,    .... 

Teachers'  institutes,  duty  in  organizing,  etc., 

Teachers'  meetings,  shall  attend, 

To  be  commissioner  of  school  fund,       ...... 

Travelling  expenses,  allowance  for,        ...... 

Truants,  reports  to  be  made  to,  of, 63 


INDEX.  87 

PAGE 

Secretary  of  school  committee,  to  be  appointed, 36 

To  keep  permanent  record, 36 

Sewing  may  be  taught  in  common  schools  at  option  of  school  com- 
mittee,    25 

Scholarships,  State,  in  Institute  of  Technology,  resolve  as  to,        .        .  72 

Pupils  for,  Board  of  Education  may  select,         ...  72 

Kegulations  as  to,           .         .         .         .        .         .         .        .  73 

In  Worcester  Polytechnic  Institute, 72 

School  committee,  in  general,  — 

Authority  of  towns  to  choose, 32 

Compensation,  in  cities  and  towns,         ......  42 

Penalty,  withheld  as  a,  when, 50 

Superintendent,  none  where  a,  when,   .....  42 

May  receive,  in  union  districts  having  superintendent,        .  43 

Election  of,  at  annual  or  special  town  meeting,      ....  33 

By  ballot, 32 

One-third  annually, 33 

New  committee  elected  if  alljlecline,     .        .        .        .        .        .  34 

Majority  of  selectmen,  etc.,  by,    ......  34 

Number  of,  divisible  by  three, 32 

Increase  or  reduction  of, 35 

Secretary,  required, 36 

To  keep  permanent  record,  .......  36 

Terms  of  office,  three  years,            33 

Commencement  after  election,  except,         ....  35 

Former,  to  hold  over  for  what, 35 

Vacancies,  how  filled, 34 

Term  of  one  chosen  to  fill, 35 

General  powers, 33 

Notes  on, 26 

Apparatus,  books  of  reference,  etc.,  may  procure,      .        .  41 

Bible,  to  require  reading  of,  how, 39 

Courses  of  study,  to  prescribe,     ......  40 

Exclusion  of  pupils,  when,    .                 33 

High  school,  duty  when  for  whole  town,     ....  42 

Registers,  town  and  city  clerks  to  deliver  to,      .        .        .  46 

Faithful  keeping,  to  cause, 48 

Returns  by  school  committee, 46 

Blanks,  Board  of  Education  to  prescribe,      ...  10 

Forms,  delivery  of  blank, 46 

Non-reception,  to  notify  of,    .....  47 

Certification  of  money  raised,        .....  47 

Chairman  and  secretary  may  sign,         ....  50 

Month,  number  of  sessions  counted  as  a,              .        .  48 

Neglect,  informalities,  etc.,  penalties  for,     ...  49 

Record  of  what  children,  to  contain,      ....  47 

School  fund,  uses  of,  to  be  specified,     ....  48 

Secretary  of  Board,  etc.,  transmission  to,  when, .        .  47 

Report,  annual,  contents,  size,  deposit,  etc. , 48 

Failure  to  make,  proceedings, 48 

Informal  report,  proceedings,  when, 49 


88  INDEX. 

School  committee,  report,  annual,  —  Continued.  PAQE 

Penalty  for  neglect,  informality,  etc. , 49 

Teachers,  committee  to  select,    /  .        .        .        .        .        .  36 

Committee  may  dismiss  at  pleasure,      ....  39 

Qualifications  of,  to  ascertain, 36 

Selection  and  examination,  notes  on,    ....  36 

Tenure  of  office  of, 36 

Text-books,  what  shall  be  used,  to  direct,   ....  40 

Change  on  two-thirds  vote,  notice,        ....  41 

Loaned  to  pupils  free  of  charge, 41 

Purchase  and  supply,  public, 41 

Sectarian  books  to  be  excluded,     .....  40 

Salaries  and  appropriations*  as  to,  notes  on,          .        .  37 

School-houses,  to  keep  in  repair, 44 

To  determine  use  of, 46 

Superintendent  of  schools,  required  to  choose,  when,  .  42 

Visiting  schools,  when,  purpose,  etc.,  ....  39 

School  fund,  commissioners  for  investment  to  report  to  General  Court,  22 

History  of, 20 

Income,  distribution  of  moieties, 23 

Apportionment  of  moiety  among  towns,       ....  23 

Appropriations  paid  from  one  moiety,          ....  23 

Application  by  school  committees, 24 

Conditions  for  receiving  by  towns,      .....  23 

Investment  of,  commissioners  for,          .        •    ,    •        •        •        •  22 

New,  to  be  approved  by  governor  and  council,    ...  22 

Principal  not  to  be  diminished,        .......  20 

Surplus  income,  when  added, 23 

Title  of, 20 

School  funds,  corporations,  private,  holding,  to  manage,        .        .        .  31 

School-houses,  accommodation  of  pupils,  sufficient  for,          ...  44 

Defacement,  etc.,  of,  penalty  for,  .        .        .        .        .        .        .  66 

Definition  of, 45 

High  school,  union,  erection  of, 28 

Land  for,  town  may  purchase,         .......  45 

Location  of,  town  may  determine,  .......  45 

Penalty  on  towns  neglecting, 44 

Sanitary  condition  of,     .        .        ...        .        .        .        .        .  44,  45 

Drains,  water-closets,  etc.,  to  be  sufficient  and  suitable,     .  44 

Ventilation,  proper  manner  and  amount  required,        .        .  45 
Inspector  of  factories,  etc.,  may  require  proper  sanitary 

provisions,          .........  45 

Penalty  for  refusing  to  make  proper  sanitary  provisions,   .  45 
School  committee  to  keep  in  order,         .        .        .        . 

Taking  land  for, 45,  46 

Costs  on  application  for  jury,       ...... 

Damages,  appraisal  by  selectmen, 

Assessment  by  jury, 46 

Limit  of  dimensions,     ........ 

Reversion  to  owner,  when,  .......  46 

Uses,  school  committee  to  determine,     .        .        . 


INDEX.  89 

PAGE 

Statistics  of  special  educational  institutions,  blanks  for,  to  be  prescribed 

by  Board  of  Education, 14 

Stimulants  and  narcotics,  effects  of,  to  be  taught  in  all  schools,     .         .  25 

Studies,  common  schools,  in,  prescribed, 25 

High  schools,  in,  prescribed, 26 

Evening  schools,  in,  prescribed, 27 

Superintendent  of  schools,  appointment  by  school  committee,  when,     .  42 
Appointment  in  union  districts,  how  made,    .....  42,  43 

Compensation  determined  by  school  committee,     ....  42 
Compensation,  apportionment,  etc.,  of,  in  union  districts,    .         .  42,  43 

State  aid  for,  conditions  of  receiving, 43 

Distribution  and  use  of, 43 

Annual  appropriation  for, 43 

Union  of  towns  for  employment  of, 42,  43 

Supplies,  school,  purchased  at  public  expense,         .        .        .        .        .  41 

Furnished  to  pupils  free  of  charge,         ......  41 

Surveying,  required  study  in  high  schools,        ......  26 

Teachers,  authority  of,  over  pupils,  notes  on, 38 

Certificates,  to  be  obtained  by, 38 

Compensation,  filing,  prerequisite  to, 38 

Selectmen,  to  file  one  with, 38 

Dismissal  at  committee's  pleasure,          ......  39 

Ascertainment  of  qualifications,  etc.,      ......  36 

Common  school,  qualifications  of,  .......  25 

Compensation,  filing  of  certificate  prerequisite,      ....  38 

Dismissal,  none  after,  ....         k        ...  39 

Register  to  be  complete  before  payment,     ....  50 

Duty  to  inculcate  piety,  morality,  etc. ,  .         .        .         .        .         .  30 

Exclusion  of  pupils,  to  give  written  reasons  for,  ....  54 

Female  assistants,  employment  of,          ......  30 

High  school  teachers,  qualifications  of.  ......  26 

Registers,  to  faithfully  keep,  etc.,  .......  50 

Salaries  of,  authority  of  school  committee  as  to,  notes  on,  .        .  37 

Teachers'  Associations,  county,  allowance  to, 19 

Massachusetts,  allowance  to, 19 

Teachers'  Institutes,  Board  of  Education  to  organize,  when,  ...  16 

Duration  of  sessions,       .........  16 

Expenses  paid  from  school  fund,    .......  16 

Held  when  and  where,     .........  17 

Teachers'  meetings,  secretary  of  Board  of  Education  to  give  notice  of, 

and  attend, 12 

Text-books,  school  committee  to  prescribe, 40 

Change  by  two-thirds  of  school  committee,  .....  41 

Loaned  to  pupils  free  of  charge,     .......  41 

Free,  advantages  of,                          <                 41 

Purchase  at  public  expense,     ........  41 

Sectarian  to  be  excluded, 40 

Todd  Fund,  income  to  be  applied  by  Board  of  Education,      ...  24 

Origin,  amount, 10 


90  INDEX. 


PAGE' 

Towns  to  raise  money  for  schools, 31 

Penalty  for  not  raising  money, 31 

Extent  of  authority, 32 

Superintendent,  may  provide  for,  by  vote,     .....  42 

Truants,  authority  in  towns  to  discipline,  etc., 61 

By-laws  for  discipline,  etc.,  of, 61 

Form  of, 61 

Committal  to  what  institutions,       .......  63 

For  two  years, 62 

Board  of  Lunacy,  etc.,  to  assent, 63 

State  primary  school,  to,  when,    ......  63 

Truant  schools,  to, 63 

Discharge  for  good  cause, 63 

Jurisdiction  of  courts,     .........  62 

Report  by  school  committees  as  to, 63 

Officers,  appointment  and  compensation, 62 

Duties  defined  in  general,      .......  62 

Factory  certificates  of  ages,  etc.,  to  inspect,        ...  58 

Fees,  not  entitled  to, 62 

School  attendance,  as  to,      .        .        .        .        .        .        .  52 

Schools,  to  be  established  in  counties,  when,         ....  62 

Assignment  of,  for  discipline,  etc., 63 

Payment  for  support  in,        .......  63 

Union,  establishment  of, 63 

Enticement,  employing,  etc. ,  penalty  for, 64 

Union  high  school  districts.     (See  High  Schools.) 

Union  schools,  establishment  of,       ........  29 

Expenses,  how  proportioned,  ........  29 

Management  and  control, 29 

School-houses,  erection,  etc., .  .......  29 

Union  truant  schools,  establishment  of, 63 

Vaccination,  prerequisite  to  school  attendance, 63 

Vocal  music  may  be  taught  in  common  schools  at  option  of  school 

committee,    ...........  25 

Wards  may  attend  school  where  guardian  resides, 53 

Writing  to  be  taught  in  all  common  schools, 25 

Worcester  Normal  School,  resolve  establishing, 69 

Established  when, 70 

Worcester  Polytechnic  Institute,  State  scholarships  in,  .        .        .        .  72 


